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LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 






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Illinois and the Nation; 



HOW THEY ARE GOVERNED. 



FOR THE USE OF SCHOOLS, TEACHERS' INSTITUTES 
AND FOR PRIVATE INSTRUCTION. 




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f- /S'^ OLIVER R. TROWBRIDGE, 

Superintendent of Lacon Union Schools, Lacon, Illinois. 



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CHICAGO: 

A. FLANAGAN, Publisher. 

1887. 






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Copyright, 1887, 

BY 

OLIVER R. TROWBRIDGE. 



CONTENTS. 



HISTORICAL SKETCH. 

PAGE. 

Northwest Territory 7 

Indiana Territory 7 

Illinois Territory 7 

State of Illinois 7, 8 

CHAPTER I. 

THE TOWNSHIP SURVEY SYSTEM. 

How Land is Divided 9 

How Land is Described 13 

CHAPTER II. 

STATE GOVERNMENT. 

Legislative Department 17 

Executive Department 37 

Judicial Department 45 

CHAPTER III. 

THE DIVISIONS OF THE STATE. 

Description of the Divisions • 51 

CHAPTER IV. 

COUNTY GOVERNMENT. * 

Legislative Department 56 

Executive Department 59 

Judicial Department 62 

CHAPTER V. 

TOWN GOVERNMENT. 

Legislative Department 67 

Executive Department 7° 

Judicial Department 75 



IV CONTENTS. 

CHAPTER VI. 

CITY AND VILLAGE GOVERNMENT. 

PAGE. 

Legislative Department 77 

Executive Department 78 

Judicial Department 80 

CHAPTER VII. 

PUBLIC SCHOOL SYSTEM. 

Origin 82 

Relation to State Government 83 

School Funds '. 83 

School Officers and their Duties 86 

CHAPTER VIII. 

MISCELLANEOUS. 

State Educational Institutions 98 

State Charitable Institutions 99 

State Penal and Reformatory Institutions 101 

State Boards 102 

Officers Appointed by the Governor 108 

The State Militia no 

Illinois Central Railroad . in 

Illinois and Michigan Canal 112 

Congressional and Senatorial Districts 113 

Judicial Grand Divisions, Districts, and Circuits 117 

CHAPTER IX. 

NATIONAL GOVERNMENT. 

Historical Sketch 121 

Legislative Department 122 

Executive Department 1 26 

Judicial Department 130 

APPENDIX. 

Constitution of Illinois 133 

Constitution of the United States 

Index 178 



PREFACE. 



The State of Illinois cannot afford to expend $9,000,000 
per annum for educational purposes unless her schools dis- 
seminate the principles of good citizenship. In these days 
it is not enough that the youth should themselves become 
honest, industrious, and law-abiding citizens. They must 
be educated in the principles and practical workings of our 
republican form of government. Ignorance in regard to 
these matters is far too prevalent among our people. Efforts 
are put forth on every hand to overthrow the structure of 
State, and establish in its stead a reign of socialism and 
anarchy. The people must be taught the truth, or they will 
believe the wrong. 

This book was written in the hope of promoting the study 
of the governments of Illinois and the Nation, and of hasten- 
ing the time when the civil government of our State will be 
added to the list of studies for our common schools. 

OLIVER R. TROWBRIDGE. 

Lacon, Illinois, June 20, 1887. 



CIVIL GOVERNMENT OF ILLINOIS. 

HISTORICAL SKETCH. 

Northwest Territory. — At the close of the Revolu- 
tionary War, nearly every State claimed that its western 
boundary was the Mississippi River. But very soon New 
York, Virginia, Connecticut and Massachusetts gave that 
part of their territory lying north of the Ohio River, and 
west of Pennsylvania to the Government of the United States 
to assist in paying the debt incurred by the Revolution. 

In 1787, Congress formed the territory received from 
these States into the Northwest Territory, and after survey- 
ing it, sold it as public land. 

When did the Revolutionary War close ? What States 
reserved a part of their western territory ? Where were the 
reserved territories, and what were they called ? 

Indiana Territory. — In 1800, the Northwest Terri- 
tory was divided, and Indiana Territory was formed of the 
western part. It included all the Northwest Territory except 
the present State of Ohio, and a small part of Indiana and 
of Michigan. 

Illinois Territory. — In 1809, Indiana and Michigan 
Territory having been taken out, the remainder was called 
the Illinois Territory. It included Illinois, Wisconsin, and 
part of Minnesota. 

State of Illinois. — In 181 8, Illinois was admitted as a 
State. 

Capitals. — Illinois has had three capitals. The- first, 

(?) 



8 ILLINOIS AND THE NATION. 

Kaskaskia ; the second, Vandalia ; the third, Springfield. 
Locate each. 

Constitutions. — Illinois has also had three constitu- 
tions. The first was adopted in 1818, the second in 1848, and 
the third in 1870. The last forms the basis of our study. 

Boundary. — The constitutional or legal boundary of a 
State differs from its geographical boundary. Let us take a 
journey together, keeping on the boundary line of Illinois. 

Starting at the point where parallel of latitude 42 ° 30' 
N. crosses the middle of the Mississippi River, we follow 
this parallel eastward until it intersects the meridian which 
marks the middle of Lake Michigan ; then south on this 
meridian till we reach the northern boundary of Indiana, 
which we follow westward until we come tc the meridian 
passing through Vincennes, Indiana ; we then go south on 
this meridian till we come to the middle of the Wabash 
River ; we follow the middle of this river until we come to 
its junction with the Ohio River, at which place we are 
obliged to change to the northwest bank of the latter, which 
we follow down stream to the Mississippi River ; then, fol- 
lowing the middle of the "Father of Waters," we complete 
our journey by ascending to the point of starting. 

Trace this journey on a map. Can you assign any rea- 
sons for the peculiarity of the boundary at Lake Michigan 
and the Ohio River ? 



CHAPTER I. 
THE TOWNSHIP SURVEY SYSTEM. 

HOW LAND IS DIVIDED. 

Need of a Survey System. — In order that we may 
understand what is to follow, we must now learn about the 
township system of land surveys in the United States. 

Prior to 1786 the land surveys were by no means uni- 
form. But in that year Congress adopted a new system of 
which Thomas Jefferson is said to have been the author. 

A good system of surveys must divide the land into 
tracts of convenient shape and size, and must designate 
each tract, however small, briefly and accurately. Let us 
first learn how the land is divided. 

Principal Meridian. — The surveyors begin by estab- 
lishing a north and south line which passes through some 
prominent and convenient point. Of course the line is a 
meridian of the earth's surface; and since the surveyors use 
it as their principal north and south line, it is called a Prin- 
cipal Meridian. 

Base Line. — A line which crosses the principal me- 
ridian at right angles at some convenient point is then 
established, and is called a Base Line. 

Township Lines. — Meridians six miles apart on each 
side of the principal meridian, and parallels six miles apart 
on each side of the base line are then established. These 
are called Township Lines. 

(9) 



10 



ILLINOIS AND THE NATION. 



Congressional Townships. — The squares inclosed 
by the township lines are called Congressional Townships. 

We need not stop for all the particulars of the survey. 
By consulting the following diagram, we can understand 
the main features of the system. 















IP 
















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1 














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1 1 


























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DIAGRAM I. 



1VI 



The heavy vertical line represents a part of a principal 
meridian. It is crossed at right angles by a heavy line rep- 
resenting a part of its base line. The light vertical lines 
which cross the base line, and the light lines parallel to the 
base line represent township lines; the squares inclosed 
represent congressional townships. 

Sections and Section Lines. — Each township is 
divided into sections, each one mile square. They are 



SURVEY SYSTEM. 



11 



represented in Diagram II. The lines bounding sections 
are called Section Lines. 

Division of Sections. — Each section is divided into 
halves, quarters, eighths, and sixteenths. The survey- 
ors that mark the township never survey the section. 

Each section contains 640 acres, " more or less." Since 
its east and west boundaries are meridians, it is evident that 
on account of the convergence of these meridians as they 
approach the poles, a section is not a perfect square; hence 
it does not contain exactly 640 acres. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 

26 


24 


30 


29 


28 


27 


25 


31 


32 


33 


34 


35 


36 



DIAGRAM II. 



How many acres in each subdivision of a section? 
How many acres in a township ? What is meant by the 
" convergence of meridians "? See your geography. 

Correction Lines. — It will also be seen that the me- 
ridians which bound the townships are six miles apart o?ily 
at the Base Line. 

Since north of the base line the meridians approach each 
other, if no corrections were made, the townships would 
become smaller and smaller the farther they were from the 
base line. To remedy this, correction lines are established 



12 



ILLINOIS AND THE NATION. 



every twenty-four miles north of the base line, and every 
thirty miles south of it, in this latitude. 

Double Corners. — The convergence north, or diver- 
gence south of the base line is taken up on the correction 
lines, and the townships start again with their proper width. 
Both township and section lines have double corners at the 
correction lines. These are called closing corners and stand- 
ard corners. 

Which are the closing corners ? Which the standard ? 
Why are the correction lines farther apart south of the base 
line than north of it ? Why do the meridians " jog " in 



X 


X 


X 


tV 


* 



DIAGRAM III. 



opposite directions on opposite sides of the principal me- 
ridian ? 

Guide Meridians. — Every fifty-four miles east and 
west of the principal meridian a new meridian is established, 
and is called a Guide Meridian. 

Can you determine from the diagram I. why it is estab- 
lished ? 

The loss in width from convergence at any Correction 
Line near latitude 42 ° N., is about twelve rods for each town- 



SURVEY SYSTEM. 13 

ship. Therefore the "jog" of the first Township Line east 
or west of the Principal Meridian is about twelve rods; the 
second Township Line, twenty-four rods; the third, thirty- 
six, etc. The " jog " at the ninth Township, or fifty-fourth 
Section Line is about one hundred and eight rods. Diagram 
I will show how the Guide Meridian is used in correcting the 
survey. Neither Guide Meridians nor Correction Lines 
were used in the early surveys. 

Location of Principal Meridians. — The First Princi- 
pal Meridian forms the boundary between Ohio and Indiana. 
The Second Principal Meridian begins on the Ohio River at 
the mouth of Little Blue Creek, and extends north through 
Indiana very near the middle. The Third Principal Merid- 
ian extends north from the mouth of the Ohio River 
through Illinois at about the middle. Its Base Line crosses 
it at the northwest corner of Jefferson County, and is the 
continuation of the Base Line of the Second Principal 
Meridian. The Fourth Principal Meridian begins at the 
mouth of the Illinois River, and extends north to Lake Su- 
perior. Its Base Line crosses it at Beardstown. Two other 
Principal Meridians, the Fifth and Sixth, are numbered. 
They are both west of the Mississippi River. The other 
Principal Meridians are named, not numbered. 

HOW LAND IS DESCRIBED. 

Basis Of Description. — In order accurately to locate a 
place •, its position must be described with reference to two lines 
that intersect at right angles. 

Locate a few places on the earth's surface by giving their 
latitude and longitude. What two lines are used in locating 
each ? Locate the desk of one of the pupils. Suppose it 
is the fifth desk in the third row from the left side of the 
room, what two lines are used in locating it ? 



14 ILLINOIS AND THE NATION. 

Townships. — In the first place the townships are num- 
bered in order north and south of the Base Line. Thus the 
township marked * in Diagram I is called township one 
north; the one marked f is township three south. But these 
descriptions are not sufficiently accurate, as all townships 
east and west of these two are numbered just as they are 
with reference to the Base Line. 

Ranges. — With reference to the Principal Meridian the 
townships are not numbered separately east and w r est, but 
are considered in rows, or Ranges, as they are called. All 
townships immediately east of the Principal Meridian are in 
Range one east; the townships immediately east of these are 
in Range two east, etc. 

The township marked * in Diagram I is completely de- 
scribed as Township i North, of Range 4 East of the given 
Principal Meridian; the township marked f, as Township 3 
South, of Range 4 West of the given Principal Meridian. 

Study the diagram until you can describe accurately any 
township, or locate it when its description is given. 

Survey of Illinois. — Illinois is surveyed partly from 
the Second, partly from the Third, and partly from the Fourth 
Principal Meridian. 

South of the middle of Kankakee County the ranges are 
numbered east from the Third Principal Meridian to Range 
XI; north of this line they are numbered east to the State 
line. The ranges number west from this meridian to the 
Mississippi and Illinois Rivers, except those numbered from 
the Fourth Principal Meridian. The ranges in Illinois east 
of Range XI are numbered west from the Second Principal 
Meridian. Range XI East is a range of fractional town- 
ships, some of which are less than a mile wide. 

That part of Illinois lying west of the Illinois River and 
west of that part of the Third Principal which is north of 
the Illinois River, is surveyed from the Fourth Principal 
Meridian. 



SURVEY SYSTEM. 



15 



No school in the State should be without a map of Illi- 
nois showing the counties, principal meridians, base lines, 
ranges, townships, and the manner in which they are num- 
bered. Any Chicago dealer in school supplies can furnish 
such a map, mounted for wall use, for from one to two 
dollars. 

Sections. — The sections of a township are numbered 
from east to west, and from west to east alternately, begin- 
ning at the northeast corner of the township. A careful 
study of the second diagram will make this clear. Be able 
to reproduce this diagram, as well as the others, from 
memory. 

School Sections. — Instead of selling all the sections 
of a township as public land, the United States government 
set apart section 16 for the maintenance of public schools. 
Since 1852, sections 16 and 36 have been given for school 
purposes. Such sections are usually called " school sec- 
tions." In Illinois each township has but one school section. 

Who live on the school section in your township ? 







fc 




















t 











DIAGRAM IV. 



Divisions of Sections.— Assume the section repre- 
sented by Diagram III to be section ten in township 6 



16 ILLINOIS AND THE NATION. 

north, of range 3 west of the third principal meridian. Then 
the half-section shown is described as " the north one-half 
of section ten in township 6 north, of range 3 west of the 
third principal meridian, containing 320 acres more or less; " 
the quarter section, as "the southeast quarter of sectio: 
ten," etc.; the one-eighth, as " the north half of the south 
west quarter of section ten," etc.; the one-sixteenth, marked 
* as " the southeast quarter of the southwest quarter of sec- 
tion ten," etc. 

Give a full description of each subdivision of the section 
represented in the preceding diagram. 

Abbreviations Used in Describing Land.— De- 
scriptions may be abbreviated. Thus the tract marked * 
may be described N. E. ^ of the N. W. £, Sec. 10, T. 6 N., 
R. 3 E. of the 3d P. M. Write the abbreviations for each 
of the divisions given above. 

In tax receipts, delinquent tax lists, etc., the descriptions 
are still further abbreviated. The only fractions used in ther 
descriptions are one-half and one-fourth. Since one-fourth 
occurs much more frequently than one-half, the former is 
omitted, being understood when no fraction is given. The 
description is still further abbreviated by omitting all punct- 
uation marks; and in printed lists small letters are used in- 
stead of capitals. Thus the tract marked * is described as 
ne nw; the tract marked f , as w^- se. 

Describe all the tracts given, in this way, and be able to 
locate any tract from such description. Examine some real 
estate tax receipts and, if possible, a delinquent tax list as 
published in the county papers. 

Is it necessary for the exact description of land for the 
State and county to be given ? 



i 



CHAPTER II. 
STATE GOVERNMENT. 

Three Departments. — As in the Nation, so in the State, 
there are three departments of government: The legisla- 
tive, executive, and judicial. The first makes the laws, the 
second executes the laws, the third interprets the laws, and 
decides disputes arising- under them. 

The three departments, however, are not entirely dis- 
tinct. The governor, an executive officer, has the power to 
veto all laws passed by the legislature. The legislature has 
mdicial power in cases of impeachment, and executive 
lower in confirming appointments made by the governor. 
The judiciary have a form of executive power in compelling 
men to obey the laws, and officers to perform their duties, as 
in cases of mandamus. 

The county and all other divisions of the State have the 
three departments above mentioned, as will be shown; al- 
though in some cases they are less distinct than in the State. 

A separate chapter will be given to our public school 
system, and the duties of school officers will be given in 
that connection; yet they may be learned with the others. 

LEGISLATIVE DEPARTMENT. 

The State Legislature. — The law making body of 
Illinois is the General Assembly, which consists of two 
Houses : The Senate, or " Upper House," and the House 
of Representatives, or " Lower House." The General As- 
sembly is commonly known as the " legislature." 

(17) 



18 ILLINOIS AND THE NATION. 

How Designated. — The different General Assemblies 
are designated by number, as the First General Assembly, 
the Twenty-eighth General Assembly. Each General As- 
sembly lasts two years, and in that time holds but one regu- 
lar session. What is the number of the present General 
Assembly ? Has it held its regular session ? 

Time and Place of Meeting. — The General Assem- 
bly holds its regular sessions at Springfield every two years, 
the sessions commencing at twelve o'clock noon on Wednes- 
day next after the first Monday of January of the odd num- 
bered years. 

Senatorial Districts. — Every ten years, at the first 
session after the taking of the census, the General Assem- 
bly divides the State into fifty-one Senatorial districts. 
These districts must contain as nearly as practicable the 
same number of inhabitants, must be formed of contiguous 
and compact territory, and be bounded by county lines. 
But a county containing not less than one and three-fourths 
of the senatorial ratio may be divided into separate districts 
according to the number of times it contains the ratio. No 
district can contain less than four- fifths of the senatorial 
ratio. The senatorial ratio is found by dividing the number 
expressing the population of the State by fifty-one. 

The districts are numbered from one to fifty-one. In 
what district do you live ? 

Number of Senators and Representatives. — One 

senator and three representatives are elected from each sen- 
atorial district. How many members in each house ? 

Election of Members.— Members of the General As- 
sembly are elected on the Tuesday next after the first Mon- 
day of November of the even numbered years. At every 
election all of the members of the next Lower House are 
elected, and half the members of the next Senate, the sena- 



STATE GOVERNMENT. 19 

tors from the even numbered districts being chosen at one 
election, and those from the odd numbered, at the next. 
Because half of its members " hold over" at each session, 
the Senate is sometimes called the " permanent" house of 
the General Assembly. Were the senators chosen at the 
last election from the odd or even numbered districts ? 

Vacancies. — When a vacancy occurs in either house, 
the governor orders a special election in that district to fill 
the vacancy, if the legislature is in session, or if there be a 
session before the next election of members to the General 
Assembly. Otherwise the vacancy is not filled. 

Minority Representation. — There are three members 
of the Lower House ejected at the same time in every sena- 
torial district. Every voter has the right to vote for the 
three men, giving each one vote; for two men, giving to 
each one and a half votes ; or for one man, giving him three 
votes. 

In voting for two men a person may give two votes to 
one, and one to the other, or distribute his votes in two or 
three other ways; but he is not likely to do so. By this 
plan the party in the minority can usually elect one man by 
having but one candidate, and giving him all the votes. 
How large must the minority be to elect one man ? 

Usually the party in the majority nominates two candi- 
dates, and the one in the minority nominates one candidate. 
In this case a nomination is equivalent to an election unless 
a second minority party develops unexpected strength in 
voting for a single candidate. When the parties are nearly 
equally divided, both sometimes nominate two candidates. 
In this case, the friends of one candidate will give three 
votes for their favorite, instead of one and a half for each 
candidate on the ticket. This is called " plumping," and 
may sacrifice party to personal interests. 

A special vote was taken in 1870 on the section of the 



20 ILLINOIS AND THE NATION. 

constitution relating to minority representation, and it was 
adopted. What are its advantages? Do you know of any 
other State that has minority representation ? 

Term of Members. — The members of the Lower 
House are elected for two years, and those of the Upper 
House for four years. 

Eligibility of Members. — Senators must be twenty- 
five, and representatives twenty-one years of age. Both 
must be citizens of the United States, and residents of this 
State five years, and of their respective districts two years 
next preceding their election. 

Neither senators nor representatives can hold any office 
under this State, the United States, ct any foreign govern- 
ment, excepting appointments in the militia, and the offices 
of notary public and justice of the peace in this State. 

No person can be a senator or representative after he 
has been convicted of bribery, perjury, or other infamous 
crime, or after he has failed to account for, and pay over all 
public moneys collected or held by him at any time. 

The statutes of Illinois designate what crimes are " infa- 
mous." 

What are the statutes of Illinois ? What is bribery ? 
What is perjury? 

Oath of Members. — In addition to the usual oath of 
office, every senator or representative is required to swear 
(or affirm) that he has not paid anything, or made any prom- 
ise in the nature of a bribe, to influence any vote at the time 
of his election; and that he has not, and will not accept any- 
thing from any corporation or person for any vote or influ- 
ence he may give or withhold on any bill, resolution, or 
appropriation, or for any official act. 

The oath is subscribed by each member, and is filed in 
the office of the secretary of State. If any member should 



STATE GOVERNMENT. 21 

refuse to take the oath as prescribed by the constitution, he 
would forfeit his office. 

What is it to subscribe an oath ? 

Privileges of Members. — Senators and representa- 
tives are privileged from arrest in all cases except treason, 
felony, or breach of the peace, during the session of the 
General Assembly, and in going to, and returning from it. 

Treason is defined in the third article of the constitution 
of the United States. 

A felony is an offense punishable with death or with im- 
prisonment in the penitentiary. 

What is a breach of the peace ? 

No member of either house can be called to account at 
any other place for any speech or debate made in the house 
to which he is elected. The reason for this is obvious. A 
similar provision is found in the National constitution. 

Disabilities of Members. — No senator or representa- 
tive can be appointed by the governor, with or without the 
consent of the Senate, to any civil office within the State dur- 
ing the term for which he is elected. 

Members of the General Assembly cannot be interested 
in any contract with the State, or with any county, which 
is authorized by any law passed while they are members, 
or for one year after their terms have expired. 

What reasons can you give for these disabilities ? 

Pay of Members. — Members of the General Assembly 
receive five dollars per day while the Assembly is in session, 
and ten cents for each mile necessarily traveled in going to, 
and returning from, Springfield. The mileage is computed 
by the auditor of public accounts. Fifty dollars per session 
is allowed each member for stationery, postage, newspapers, 
and other incidental expenses. 

Both the pay and the mileage allowed each member are 
certified to by the presiding officer of his house, and having 



22 ILLINOIS AND THE NATION. 

been entered upon the journal, are published at the close of 
the session. 

The pay of members can be changed, but not for those 
elected for the term in which the change is made. Why not ? 

Quorum. — A majority of the members elected to each 
House constitutes a quorum. 
What is a quorum ? 

Rules. — Each House determines the rules of its own 
proceedings. 

When the legislature meets, one of the first things that 
demands the attention of each house is the rules that are to 
govern its proceedings. Usually upon motion of some 
member, the rules of the last Senate^or House, as the case 
may be, are adopted temporarily, and a committee on per- 
manent rules is appointed. This committee soon reports, 
giving the proposed rules in detail. The rules as reported 
by the committee are discussed, perhaps amended, and 
adopted. Some book on parliamentary practice, as dish- 
ing' 's Manual or Roberts Rules of Order, is then adopted as 
authority in all questions not touched upon by the rules 
adopted. 

Membership. — Each house is the judge of the elections, 
qualifications, and returns of its own members. 

It sometimes happens that two men claim election as 
senator, or four as representatives, from the same district. 
In such cases those having the proper certificates of election 
signed by the* governor are usually seated until the proper 
house can investigate the matter, and decide between the 
contestants. The houses are not always impartial judges in 
cases of contested elections of their respective members, and 
sometimes, no doubt, decide from political bias. But it is 
thought that no other body should decide these cases. 

Certificates of election are called " credentials." 






STATE GOVERNMENT. 23 

After every election for members of the General Assem- 
bly, all county clerks make abstracts of the election in their 
respective counties, showing the number of votes received 
by each candidate. The abstracts are called the " returns " 
of the election, and may be questioned as to genuineness or 
accuracy. 

The secretary of State, auditor, treasurer, attorney- 
general, or any two of them, in the presence of the gover- 
nor, canvass all the returns, and publish the result of the 
election. 

Officers — How Chosen. — Each house chooses its 
own officers. 

Officers of the House. — The usual officers of the 
House are Speaker, derk and three assistants, doorkeeper 
and three assistants, postmaster and one assistant, enrolling 
and engrossing clerk and two assistants. 

Officers of the Senate. — The usual officers of the 
Senate are President, president pro tempore, secretary and 
two assistants, postmaster and one assistant. 

Speaker. — It is the duty of the Speaker to preside over 
the House, to sign all bills passed by the House, to appoint 
the standing committees and most of the special com- 
mittees. 

Committees. — There are about forty-five standing 
committees of the House, each consisting of from three to 
twenty-five, or more, members. Usually a majority of each 
committee are members of the same political party as the 
Speaker. The chairman of the committee is named in the 
appointment. 

All measures concerning the State's finances are re- 
ferred to the Committee on Finance, who examine them 
separately, and report to the House. Measures concerning 
matters of education are referred to the Committee on Ed- 
ucation, and so on. 



24 ILLINOIS AND THE NATION. 

Only slight changes to the reports of committees are 
usually made by the legislature, so the committees prac- 
tically control the legislature. For this reason chairman- 
ships of important committees are much sought after by the 
friends of the Speaker. 

President of the Senate. — The duties of the Presi- 
dent of the Senate are about the same as those of the 
Speaker. He is elected by the people under the title of 
Lieutenant-Governor, and is not a member of the Senate. 
He has no vote, except when the Senate is evenly di- 
vided. The Speaker of the House is always a member of 
that body, and as such, has a vote on all questions. Many 
people think if a member of a body is chosen chairman, he 
has no vote except in case of a tie. This is a mistake. If 
the chairman be a member of the body over which he pre- 
sides, his right to vote on any question is just the same as 
though he were not chairman. 

President Pro Tempore. — The president pro tcm- 
pore is a member of the Senate who is chosen to preside in 
the absence of the President; he does not lose his right to 
vote. 

Clerk and Secretary. — The clerk of the House and 
the secretary of the Senate perform similar duties for their 
respective houses. They read the proceedings of the pre- 
vious day, call the roll, read bills, resolutions, and keep a 
record of the proceedings from day to day. 

The clerk is required to furnish the State printer with 
an exact copy of each day's proceedings, so that a copy of 
the proceedings of the preceding day may be placed upon 
the desk of each member every morning. 

Door-keeper and Sergeant-at-Arms. — The door- 
keeper of the House, and the sergeant-at-arms of the Sen- 
ate serve the processes, and execute the orders of their re- 
spective houses, maintain order among the spectators, and 



STATE GOVERNMENT. 25 

prevent the interruption of business. They may arrest, with 
or without a warrant, any person guilty of any breach of 
the peace or crime in or about the State House and its 
grounds. 

The door-keeper of the House announces the secretary 
of the Senate and the private secretary of the governor 
when they wish to deliver communications and messages ; 
he also announces the Senate when that body is to convene 
with the House in joint session. 

Enrolling and Engrossing Clerk. — This officer 
properly engrosses all bills and resolutions when ordered to 
do so by the House. When a bill originates in the House 
and is passed by both the House and the Senate, he enrolls 
it before it is laid before the governor for his approval. 

Postmasters. — The postmasters receive the mail for 
the members of their respective houses from the govern- 
ment post-office and distribute it into the boxes of the mem- 
bers at the post-office of the General Assembly. 

Other Officers. — Sometimes the House has a reading 
clerk, and the Senate a bill clerk, whose duties may be in- 
ferred from their titles. The President and Speaker have 
each a private secretary. 

Employes. — Besides the officers, there are several em- 
ployes. There are about twenty clerks of committees; also a 
number of policemen and pages. The pages are boys who 
wait upon the members, and carry messages for the 
Speaker and President. Sometimes girls are employed as 
pages. Each house may employ a chaplain and fix his pay. 

Organization of House.— The secretary of State 
calls the House of Representatives to order at the opening 
of each new General Assembly, and presides until a tempo- 
rary Speaker has been chosen, and has taken his seat. 

Since none of the representatives hold over from the last 



26 ILLINOIS AND THE NATION. 

session, no one of the members present is authorized to call 
the House to order. 

Immediately after the House is called to order by the 
secretary of State, prayer is offered, and the roll of the 
House is called. The House then proceeds to elect a tem- 
porary Speaker and other temporary officers. 

After the members have taken the oath of office, they 
decide what officers and employes the House shall have, 
and proceed to elect the former. The employes are nearly 
all appointed by the Speaker after his election. 

Expulsion of Members. — No member can be ex- 
pelled from either house except by a vote of two-thirds of 
all the members elected to that house, and no member can 
be twice expelled for the same offence. 

Members are expelled only for the most serious offences. 

How many votes are necessary to expel a senator ? A 
representative ? 

If a member should be expelled, and his constituents 
should return him, he could not be expelled a second time 
for the same offence. 

Contempt. — Each house may punish by imprisonment 
any person, not a member, for disrespect to the house, or 
for disorderly or contemptuous behavior in its presence. 
But no person can be imprisoned more than twenty-four 
hours at one time, except for persisting in his objectionable 
conduct. This power is sometimes, though seldom, used. 

Open Doors. — The doors of each house, and of com- 
mittees of the whole, must be kept open except in cases 
when, in the opinion of that house, secrecy is required. 

Can you think of a case that would require secrecy in 
either house ? 

Committee of the Whole. — Sometimes, instead of 
referring a matter to a committee, the whole house forms 
itself into a " committee of the whole," and takes up the 



STATE GOVERNMENT. 27 

matter as a committee. When through with the subject, it 
reports to the house. 

When a legislative body goes into a committee of the 
whole, the regular chairman takes his place among the mem- 
bers, and some one else is appointed chairman of the com- 
mittee. When the committee rises to report, the regular 
chairman takes his place again, and receives the report of 
the committee through its chairman. 

Adjournment. — Neither house can, without the consent 
of the other, adjourn for more than two days, cr to any 
other place than that in which the two houses are sitting. 

It sometimes happens that one house is largely of one 
party, and the other house of another. In such cases either 
house could delay and defeat the measures of the other by 
adjournments, were these not restricted. 

Journals. — Each house keeps a journal of its proceed- 
ings, which is published for distribution. Did you ever see 
a copy of the journal of either house ? Get one and exam- 
ine it. The secretary of State will send these journals by 
express, but may not pay the express charges. Your county 
clerk may be able to supply you with a copy. 

Yeas and Nays. — In the Senate, at the request of two 
members, and in the House at the request of five members, 
the yeas and nays are taken on any question, and are en- 
tered upon the journal. 

When the yeas and nays are called for, the clerk calls the 
roll of the house, and every member votes yea or nay on the 
question, and his vote is recorded and published with the 
journal. What are the advantages of this? 

Protest of Members. — If any two members of either 
house wish to protest against, or dissent from any action or 
vote they think injurious to the public or to any person, they 
are at liberty to do so in respectful language, and have their 
reasons entered upon the journal. 



28 ILLINOIS AND THE NATION. 

Style of Bills. — All laws of this State begin as follows: 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly. This is called the " enacting 
clause.' ' Without this the law would be void. 

Where Bills May Originate. — Bills may originate in 
either house, but may be changed or rejected by the other. 

Final Passage of Bills. — On the final passage of all 
bills the votes are taken by yeas and nays, and entered upon 
the journal. 

Bills Voted upon Separately. — The final vote is 
taken upon each bill separately. 

Vote Necessary. — No bill becomes a law unless it re- 
ceives the vote of a majority of all the members elected to 
each house. How many votes must a bill receive in the 
Senate ? In the House ? 

Three Readings Necessary. — Every bill must be 
read at large on three different days in each house. 

Bills Must be Printed. — Every bill and all its amend- 
ments must be printed before the last vote is taken upon it. 

The printed bills are distributed among the members, a 
copy of each bill being placed in the post-office box of every 
member. No member can explain away or excuse his vote 
by saying he did not know exactly what the bill was about. 

Signatures Necessary. — After it has passed both 
houses a bill must be signed by the President of the Senate 
and by the Speaker, before it is presented to the governor. 

Only One Subject. — No act can embrace more than 
one subject, and that must be expressed in its title. If any bill 
embrace a subject which is not expressed in its title, the 
part relating to this subject is void, but the remainder of the 
bill remains in force. 

When there was no limitation to the number of subjects 
that might be included in any bill, it was a common practice 



STATE GOVERNMENT. 29 

to put several subjects into one bill, and then force members 
to vote for the objectionable parts in order to secure the 
passage of the rest of the bill. 

Every bill has a title, thus: " An act to establish and main- 
tain a system of free schools." "An act to revive the law in 
relation to township organization." 

Laws Revived or Amended. — No law can be revived 
or amended by reference to its title only; the act revived or 
amended must be given in full in the new act. 

It is easy to see that all these conditions tend to prevent 
careless and evil legislation. 

What is it to repeal a law ? To revive a law ? To amend 
a law ? 

When Laws Take Effect. — An act of the General 
Assembly takes effect upon the first day of July next after 
its passage, unless in case of emergency. In such a case the 
act must receive a two-thirds vote of all the members elected 
to each house, and must have the emergency stated in some 
part of the act. The " emergency clause," as it is called, is 
usually at the end of the act, and reads as follows: " Whereas 
an emergency exists (sometimes the emergency is stated), 
this act shall take effect and be in force from and after its 
passage." 

As a rule, laws should not take effect for some time after 
their passage, in order that the people may learn of them, 
and adjust themselves and their affairs to the new con- 
ditions. 

The Governor's Veto. — When a bill is passed by both 
houses, it is sent to the governor for his signature. If he 
wishes the bill to become a law, he signs it, and so makes it 
a law. But if he does not wish it to become a law, he does 
not sign it, but sends it back to the house in which it first 
started. He sends with it his objections, which are written 



30 ILLINOIS AND THE NATION. 

in the journal of this house, and the bill is again taken up. 
This time, in order to pass, it must receive the vote of two- 
thirds of the members elected, and, if it receives this vote in 
the house to which it is returned, it is sent, together with the 
objections of the governor, to the other house. A vote of 
two-thirds of the members elected to this house makes it a 
law without the signature of the governor. 

In all such cases the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the governor does not return a bill within ten days 
(Sundays not counted) after it is sent to him, it becomes a 
law just as if he had signed it, unless the legislature adjourns 
before the ten days are up, and so prevents its return. In 
this case, if the governor does not want the bill to become 
a law, he can prevent it by sending his objections to the 
office of the secretary of State* within ten days after the leg- 
islature adjourns. 

When the governor neither signs a bill nor returns it 
with his objections within ten days, it is called a " pocket 
veto." 

Try to give a reason for each provision regarding the 
governor's veto. This will help you to understand the 
matter. 

In the case of the veto power, the governor, who is an 
executive officer, has something to do with the law-making 
power. His veto power is intended to act as a check upon 
the legislature. 

The word veto means " I forbid." The message con- 
taining the governor's objection to a bill is called a "veto 
message." 

Special Laws Prohibited. — The General Assembly 
cannot pass a special law, or a law relating to some particu- 
lar case when a general law will apply. 

Under the first two constitutions of Illinois, special laws 



STATE GOVERNMENT. 31 

were allowed except in two or three cases, and at some ses- 
sions they formed the bulk of the laws enacted. The ses^ 
sion laws of 1857 contain 302 pages of public laws, and 
1450 pages of private laws. It must be kept in mind that 
laws upon these subjects are not prohibited, but that the 
laws must be general. 

Why should special legislation be prohibited in each of 
the following cases ? 

Changing County Seats. — The General Assembly 
cannot locate or change county seats by special laws. 

Since the county seat is the place where the business of 
the county is transacted, the people of the respective coun- 
ties locate and change their county seats. 

The question is voted upon after due notice has been 
given. A special election is held when the question of a 
change of county seat is voted upon. Why hold an election 
for this purpose only ? 

Special Charters Prohibited. — The legislature can- 
not now give special charters to cities and villages ; neither 
can it amend or change any charter already given. 

Since 1870 all cities and villages have been incorporated 
under a general law; but before that time most cities were 
incorporated by special laws known as the " charters " of 
the respective cities. If the people of a city are dissatisfied 
with their charter they cannot have it amended, but may 
vote to give it up and then organize under the general law. 

Rate of Interest. — No special law can be passed reg- 
ulating the rate of interest on money. No person or cor- 
poration can charge a higher rate of interest than that au- 
thorized by the general law. What is now the highest au- 
thorized rate ? 

Fees of Officers. — The General Assembly cannot cre- 
ate or change the fees of any public officer during the term 
for which he is elected. 



32 ILLINOIS AND THE NATION. 

Special Privileges and Immunities. — No special or 
exclusive privilege or immunity can be granted to any per- 
son or corporation. 

A privilege implies the liberty to do something ; an im- 
munity implies exemption from some duty, tax, or obliga- 
tion. 

Release of Indebtedness. — The General Assembly 
has no power to release any person or corporation from in- 
debtedness to the State or to any municipal corporation 
within the State. 

Special laws are prohibited in several other cases, as 
may be found by referring to the State constitution. The 
above cases have been chosen because they relate more 
especially to other subjects of our study. 

Public Moneys and Appropriations. — The General 

Assembly can make no appropriation of money out of the 
treasury in a private law. 

Bills making appropriations for the pay of members and 
officers of the General Assembly, and for the salaries of the 
officers of the State government, must not contain provi- 
sions on any other subject. Were it not for this provision, 
members in order to vote for the pay of themselves and 
other's, might be obliged to vote for some objectionable pro- 
vision. Such a provision in an appropriation bill is called 
a " rider." 

No money can be drawn from the treasury unless it has 
been appropriated for the purpose for which it is drawn. 

The treasurer is forbidden to pay out any money except 
on an order issued by the State auditor. This order is called 
the " auditor's warrant." 

When money has been appropriated for any given pur- 
pose, or belongs to any particular fund, it cannot be drawn 
or used for any other purpose. 

Within sixty days after the adjournment of each session 



STATE GOVERNMENT. 33 

of the General Assembly, the auditor must publish an item- 
ized statement of all money expended at that session. 

Each General Assembly provides for the appropriations 
necessary for all the expenses of State government for the 
next two years, or until the end of the first fiscal quarter 
after the adjournment of the next regular session. The 
aggregate amount appropriated cannot be increased except 
by a vote of two-thirds of the members elected to each 
house, and in no case can it exceed the amount of revenue 
authorized by law to be raised within the two years. 

All appropriations, general or special, end with the first 
fiscal quarter after the adjournment of the next regular 
session. 

State Indebtedness Limited.— The State, in order 
to meet accidental deficits or failures in revenue, may con- 
tract debts which can never exceed in the aggregate $250,- 
000. All moneys thus borrowed must be applied to the 
purpose for which they were obtained, and to no other 
purpose. 

No other debts, except for the purpose of repelling in- 
vasion, suppressing insurrection, or defending the State in 
war, can be contracted unless by a vote of the people. 

Illinois is now virtually out of debt. 

Extra Pay Prohibited, — The General Assembly can- 
not grant extra pay or allowance to any officer, agent, ser- 
vant or contractor, after service has been rendered, or 
contract made. 

However, appropriations may be made for expenses in- 
curred in repelling invasion, or suppressing insurrection. 

Loan of Credit Prohibited.— The State can never 
pay nor become responsible for the debts of any person or 
corporation ; nor can it in any manner give or loan its credit 
to any such person or corporation. 



34 ILLINOIS AND THE NATION. 

Officers Liable to Impeachment.— The governor 
and all civil officers of the State are liable to impeachment 
for any misdemeanor in office. 

It is easy to see that an officer may commit an offence 
for which he is responsible to the State as its servant, and to 
the civil authorities as a citizen. 

Thus, habitual drunkenness on the part of an officer 
would unfit him for the duties of his office, and make him 
subject to impeachment and removal from office. He might 
also be fined for drunkenness. 

Power of Impeachment. — The House has the sole 
power of impeachment. Its action in such cases is similar 
to that of a grand jury in a criminal case, and the charges 
which it prefers are similar to an indictment. 

The House hears the evidence against an officer, and, if 
a majority of all its members so vote, the officer is im- 
peached. 

Trial of Impeachment. — All cases of impeachment 
are tried by the Senate. 

When an officer has been impeached by the House, the 
Senate hears evidence for and against him; and if two-thirds 
of the senators elected so vote, he is convicted of the charge 
or charges against him. 

When trying cases of impeachment, the senators are 
under oath, or affirmation, to do justice according to law 
and evidence. The Senate in this case acts as a jury. 

Punishment. — The punishment in cases of impeach- 
ment can only extend as far as removal from office and dis- 
qualification to hold any office of trust or profit in the State. 

After impeachment and conviction as an officer, a man is 
still liable to trial and conviction in the courts as a citizen. 

Trial of Governor. — When the governor is tried, the 
-chief-justice of the State presides instead of the lieutenant- 



STATE GOVERNMENT. 35 

governor. This is the case because, if the governor should 
be convicted and removed from office, the lieutenant-gov- 
ernor would become governor ; he would thus be interested 
in the result of the trial. 

State Contracts. — All fuel, stationery and printing 
paper furnished for the use of the State, and all printing 
and binding ordered by the General Assembly must be let 
by contract to the lowest responsible bidder. 

No member of the General Assembly, or other State 
officer can be interested directly or indirectly in any con- 
tract. 

All contracts must be approved by the governor. 

The contracts are large, and there is a popular notion 
that men make a great deal of money out of them. 

State Cannot be Sued. — The State of Illinois can 
never be made defendant in any court of law or equity. 

This provision of our constitution has a history. 

When the United States constitution was submitted for 
the ratification of the thirteen States, it contained a detailed 
statement of the power of the national courts. Among 
other things this power was to extend to controversies be- 
tween a State and citizens of another State. During Wash- 
ington's first term as President, a citizen of South Carolina 
sued the State of Georgia, and the supreme court of the 
United States decided that the case was within its jurisdic- 
tion by the terms of the constitution. 

The several States, seeing that they were liable to num- 
berless suits, caused, through their representatives, the pro- 
posal of an amendment to the constitution declaring that 
"the judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign 
State." 



36 ILLINOIS AND THE NATION. 

This amendment was ratified by the States, and is 
known as the " eleventh " amendment. 

Lotteries Prohibited. — The General Assembly has no 
power to authorize lotteries or gift enterprises for any pur- 
pose, and must pass laws prohibiting the sale of lottery or 
gift enterprise tickets in the State. 

Some States not only allow lotteries, but conduct them as 
a means of paying off their indebtedness. 

Term of Office. — No law can be passed which shall in 
any way extend the term of any public officer after his elec- 
tion or appointment. 

A few years ago a change in the time of electing county 
superintendents was made which brought the regular elec- 
tions at one time five years apart. The superintendents who 
were elected for four years did not hold over the fifth year, 
but superintendents were appointed by the county boards for 
that year. 

Protection of Miners. — The General Assembly must 
pass laws for the protection of miners by requiring the con- 
struction of escapement shafts, appliances for ventilation, 
and other means of safety. 

Drainage. — The General Assembly may, and has passed 
laws permitting the owners or occupants of land to construct 
drains across the lands of others, provided the drains are for 
agricultural or sanitary purposes. 

In 1878, an amendment to the State constitution was 
adopted authorizing the General Assembly to pass laws pro- 
viding for the organization of drainage districts. Such 
laws have been passed. 

The corporate authorities of drainage districts have power 
to construct and maintain levees, drains and ditches by spe- 
cial assessments upon the property benefited. What is a 
levee ? 






STATE GOVERNMENT. 37 

Homestead and Exemption Laws.— Liberal home- 
stead and exemption laws must be passed. 

A certain amount of real estate and personal property 
is exempt from seizure for the payment of ordinary debts. 
The word " homestead " relates to real estate. 

The New State House. — The constitution of 1870 
provided that not more than $3,500,000 can be expended 
upon the new State House, unless a majority of the votes 
cast at a general election, at which the question is submitted, 
shall be for the additional expenditure. The additional ex- 
penditure asked for by the General Assembly was voted 
upon three times. It was carried in 1884. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive department of the State con- 
sists of a governor, lieutenant-governor, secretary of State, 
auditor of public accounts, treasurer, superintendent of pub- 
lic instruction, and attorney- general. 

Term of Office. — These officers, with the exception of 
the treasurer, hold their offices four years. The treasurer's 
term is two years, and he cannot hold the office two terms in 
succession. Can you give a reason for this ? 

Residence. — All of the executive officers, excepting 
the lieutenant-governor, must reside at the State capital dur- 
ing their term of office. 

Why is the lieutenant-governor excepted ? 

Election. — An election is held for governor, lieutenant- 
governor, secretary of State, auditor, treasurer, and attorney- 
general on the Tuesday next after the first Monday in No- 
vember of every year in which there is an election for Presi- 
dent of the United States. There is an election for treasurer, 
and superintendent of public instruction on the Tuesday next 
after the first Monday in November in the " off years in pol- 
itics"— that is, half way between the Presidential elections. 



38 ILLINOIS AND THE NATION. 

This arrangement takes the election of superintendent 
of public instruction out of politics as much as possible 
without having a general election for the State superintend- 
ent only. 

A general election is one at which any State officer is 
elected. 

Returns of Elections. — The election returns for 
State officers are sealed and sent by the several county 
clerks to the secretary of State, directed to " The Speaker 
of the House of Representatives." 

Immediately after the organization of the House, and 
before any other business is transacted, the Speaker opens 
the returns, and announces the result to the two houses who 
meet together in the hall of the House of Representatives 
for that purpose. 

The person having the highest number of votes for any 
office is declared elected. If two or more persons have an 
equal and the highest number of votes for any office, the 
General Assembly, by joint ballot, chooses one of them for 
the office. 

Eligibility. — No person is eligible to the office of gov- 
ernor or lieutenant-governor who is not thirty years of age, 
and who has not been for five years next preceding his elec- 
tion a citizen of the United States and of Illinois. 

All the State executive officers, except the treasurer, are 
declared by the constitution to be ineligible to any other 
office during the time for which they are elected. 

Vacancies. — In case of vacancy by death, resignation 
or otherwise, of any executive officer, except governor or 
lieutenant-governor, the governor fills the vacancy by ap- 
pointment, and the person appointed holds the office during 
the remainder of the term. 

Accounts. — All officers of the executive department 
and of all public institutions of the State must keep accounts 



STATE GOVERNMENT. 39 

of all moneys received and paid out by them, and under 
oath must make a semi-annual report of these accounts to 
the governor. 

Reports. — At least ten days before each regular session 
of the General Assembly, the officers of the executive de- 
partment and of all State institutions must report to the 
governor. The governor transmits these reports, and those 
of the judges of the supreme court concerning defects in 
the constitution or the laws, to the General Assembly. 

The governor may require written information, under 
oath, from any of these officers concerning the affairs of his 
office. 

Oath. — The executive, and all other civil officers swear 
(or affirm) that they will support the constitution of the 
United States and of Illinois ; and that they will faithfully 
discharge the duties of their respective offices to the best of 
their ability. Xo other oath can be required of any civil 
officer. 

GOVERNOR. 

Executive Power. — The governor has supreme exec- 
utive power, and must see that the laws are executed. 

Message. — At the beginning of each session of the 
General Assembly, the governor sends it a message giving 
the condition of the State; recommending such measures as 
he deems best;' containing a statement of the money received 
and paid out by him according to law, and presenting esti- 
mates of the amount of money that should be raised by tax- 
ation for all State purposes. 

His message is accompanied by the reports of the other 
executive officers. 

General Assembly. — Whenever the public good may 
require it, the governor may call the General Assembly to- 
gether in an extra session. The proclamation calling the 



40 ILLINOIS AND THE NATION. 

extra session must state the purpose for which it is called, 
and no business can be transacted except that given in the 
proclamation. 

If the two houses fail to agree upon the time for adjourn- 
ment, and the house which first moves the adjournment 
certifies such failure to the governor, he may adjourn them 
to such time as he may think proper, but not beyond the 
first day of the next regular session. 

Appointment of Officers. — The governor, by and 
with the advice and consent of the Senate, appoints certain 
State officers. 

In case of a vacancy in any State office that is not elect- 
ive, the governor makes a temporary appointment until the 
next meeting of the Senate. 

A person who has been rejected by the Senate cannot be 
renominated by the governor for the same office at the same 
session, unless at the request of the Senate; nor can he be 
appointed to the same office during a recess of the Senate. 

Were it not for these restrictions, the governor might 
keep on nominating the same man for the same office till 
the adjournment of the Senate, and then appoint him to fill 
the office temporarily until the next meeting of the Senate. 

Removal of Officers. — Any officer appointed by the 
governor may be removed by him for incompetency, neglect 
of duty, or illegal conduct; and the governor may appoint 
some one else to fill the vacancy. 

Reprieves, Commutations and Pardons. — The 

governor has power to grant reprieves, commutations, and 
pardons to persons convicted of crimes. 

A reprieve is a temporary suspension of the execution 
of a penalty. 

A commutation is a change from one punishment to an- 
other less severe, as from death to imprisonment for life. 



STATE GOVERNMENT. 41 

A pardon is a complete removal of penalty, and restora- 
tion to citizenship. 

Commander-in-Chief of the Militia.— The governor 
is commander-in-chief of the militia of the State when they 
are not in the service of the United States. 

The governor has at all times the appointment of cer- 
tain officers of the militia. 

Veto. — The governor's veto has been discussed in an- 
other place. Be sure to review it in this connection. 

Salary. — The governor receives a salary of $6,000 a 
year, and has the use of the executive mansion. 

LIEUTENANT-GOVERNOR. 

Successor to Governor. — In case of the death, resig- 
nation, or disability of the governor, the lieutenant-governor 
becomes governor. In case of his disability also, the presi- 
dent /;-# tcmpoi'C of the Senate, and in case of his disability 
the duties of governor devolve upon the Speaker of -the 
House for the remainder of the term. 

President of the Senate. — The lieutenant-governor 
is President of the Senate, but has no vote except in case of 
a tie. 

Salary. — The lieutenant-governor's salary is $1,000 a 
year. 

SECRETARY OF STATE. 

Keeper of Public Acts.— The secretary of State must 
keep in his office, properly filed and indexed, all public acts, 
laws, and resolutions of the General Assembly. 

When the legislature is not in session, he keeps all 
books and papers belonging to each house. 

Calls House to Order.— The secretary of State calls 



42 ILLINOIS AND THE NATION. 

the House of Representatives to order, and presides until a 
temporary Speaker is elected. 

Register. — He must keep a register of all the official 
acts of the governor, and of all commissions issued by him 
What is a commission ? Every justice of the peace or no- 
tary public has a commission from the governor. 

Seal of State. — The secretary of State is the keeper 
of the " Great Seal of the State of Illinois," and must affix 
this seal to all commissions and documents countersigned 
by himself. 

What is a seal ? Every notary public in Illinois has one, 
and a little effort will enable you to see one of these. 

Custodian of Property. — He is custodian of all public 
buildings and grounds in the city of Springfield. 

Laws and Journals. — He must supervise the distri- 
bution of the session laws and the journals of the General 
Assembly. 

Report. — He must report the affairs of his office bien- 
nially to the governor. 

Certificate. — He must certifiy to the correctness of the 
laws and journals when they are published. 

Charters. — The secretary of State issues charters to 
corporations. 

There are corporations for the purpose of government, 
as cities and villages; for business purposes, as railroad, in- 
surance, and manufacturing companies; for improvement of 
members, but not for money-making, as in case of societies 
and associations; for religious purposes, as church organiza- 
tions of various kinds. 

Weights and Measures. — The secretary of State is 

the keeper of the public standards of weights and measures. 

Registry Blanks. — He must furnish registration 



STATE GOVERNMENT. 43 

blanks to judges of election prior to every general election. 
He has other duties of minor importance. 

Bond. — The secretary of State must give a bond for 
$ioo,ooo. 

Salary. — His salary is $3,500 a year. 

AUDITOR. 

Accounts. — The auditor is the book-keeper of the State. 
He keeps accounts with all public officers, corporations, and 
individuals doing business with the State. 

Whenever a claim or bill is presented for payment of 
money out of the State treasury, he examines, or audits it, 
to see if it is legal. 

Warrants. — If the auditor finds a claim to be legal and 
just, he signs an order on* the treasurer for the proper 
amount. Such orders are called ''auditor's warrants." He 
keeps a record of all warrants signed by him. 

The auditor is the u watch-dog of the treasury." 

Rate of Taxation. — The auditor assists the governor 
in computing the rate per cent, of taxation necessary to raise 
sufficient revenue for State purposes. 

The legislature fixes the amount to be raised by taxation. 

Insurance Companies. — It is the duty of the auditor 
to investigate the condition of all insurance companies doing 
business in the State, and if he finds the condition of any 
company to be unsound, he must take steps to stop such 
company from doing further business in the State. 

Report. — The auditor reports biennially to the gov- 
ernor. 

Bond. — He gives a bond for $50,000. 

Salary.— His salary is $3,500 a year. 



44 



ILLINOIS AND THE NATION. 



TREASURER. 

Public Funds. — The treasurer must receive and safely 
keep all moneys which are authorized by law to be paid 
to him. 

The treasurer is not allowed to receive and receipt any 
money whatever unless he has an order from the auditor 
directing him to receive it. Neither can he pay out money 
except upon the auditor's warrant. When he pays an order, 
he must cancel it with some instrument that will cut or per- 
forate the paper. 

Give a good reason for each of these provisions. 

Monthly Settlements. — The treasurer must settle 
with the auditor at the close of each month, stating the 
amounts received and paid out, and on what accounts. He 
must also return all warrants canceled by him, and obtain 
the auditor's receipt for them. 

Report. — The treasurer makes a biennial report to the 
governor. 

Bond. — The treasurer's bond is for $500,000. 

Salary. — His salary is $3,500 a year. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

The duties of this officer are given in the chapter on 
schools. They may be learned in this connection if desired. 



ATTORNEY-GENERAL. 

State and State Officers.— The attorney-general 
Represents the people and the State in all suits in which 
they are interested before the supreme court. He also acts 
as attorney for State officers, when suits are brought against 
them as officers. 

Advisory Duties. — The attorney-general consults with 
and advises State's attorneys concerning their duties. 



STATE GOVERNMENT. 45 

He advises the governor and other State officers, and, 
when requested, gives written opinions upon all legal and 
constitutional questions relating to the duties of these offi- 
cers. He also gives such written opinions at the request of 
either house of the General Assembly, or of any legislative 
committee. 

Funds.— The attorney-general sees that the funds ap- 
propriated to the several State institutions are properly used. 

Records. — He keeps a record of his official acts, and 
of the opinions given by him while in office, and gives these 
records to his successor in office. 

Bond. — A bond for $10,000 must be given by the attor- 
ney-general. 

Salary. — His salary is $3,500 a year. 
Name the executive officers of the State. When was 
each elected ? 

JUDICIAL DEPARTMENT. 

SUPREME COURT. 

Grand Divisions. — For the convenience of the people, 
the State is divided into three grand divisions, and one 
term of the supreme court is held each year in each division. 

The term of court for the northern grand division is 
held at Ottawa, for the central grand division at Spring- 
field, and for the southern grand division at Mt. Vernon. 

Judges. — There are seven judges of the supreme court; 
they choose one of their number chief-justice. 

Four judges must agree to every decision. 

Term. — The judges of the supreme court are elected 
for nine years. 

Election Districts. — The State is divided into seven 
districts for the purpose of electing the judges of the su- 
preme court. Each district elects one judge. 



46 



ILLINOIS AND THE NATION. 



Clerk. — A clerk of the supreme court is elected in each 
grand division. His term of office is six years. 

Original Jurisdiction. — The supreme court has orig- 
inal jurisdiction in cases relating to the revenues of the 
State, and in mandamus and habeas corpus. By this is 
meant that suits relating to these matters may be begun in 
the supreme court. 

A case of mandamus is brought for the purpose of com- 
pelling a public officer or corporation to perform certain 
duties. 

A case of habeas corpus has for its object the prevention 
of false or unjust imprisonment. By it the prisoner is 
brought into court, and the cause of his imprisonment is in- 
vestigated. 

Appellate Jurisdiction. — The supreme court has ap- 
pellate jurisdiction in all criminal cases, and in all civil 
cases in which the amount in dispute is one thousand dol- 
lars or more. 

By appellate jurisdiction is meant that appeals may be 
taken to the supreme court in such cases after they have 
been tried in a lower court. 

A criminal case is a suit brought for the purpose of 
punishing some person for violating a public law. 

A civil case is a suit brought by a person, company, or 
corporation, called the plaintiff, against another person, 
company, or corporation, called the defendant, for the pur- 
pose of compelling the defendant to pay the plaintiff a sum 
of money, or give up to him certain property. Suits for 
money may be for debts due the plaintiff, or for damages 
on account of injury done him by the defendant. 

Decisions Final. — The decisions of the supreme court 
are final except in cases involving a State law which con- 
flicts with a United States law. Such cases may be carried 
to the United States supreme court. 



STATE GOVERNMENT. 47 

Salaries of Supreme Judges.— The judges of the 
supreme court receive $5,000 a year. 

The clerks receive fees which are prescribed by law. 

APPELLATE COURTS. 

Districts. — The State is divided into four appellate 
court districts. 

Judges. — The appellate judges are elected circuit 
judges, and are appointed appellate judges by the supreme 
court. 

Clerk. — Each district elects a clerk for a term of six 
years. 

Sheriff. — The sheriff of the county in which the appel- 
late court is held attends the sessions of the court or ap- 
points a deputy to do so. 

Jurisdiction. — The appellate courts have appellate ju- 
risdiction only. Their jurisdiction extends to all cases of 
appeal from circuit courts, city courts, or the superior court 
of Cook county, except in criminal cases, and in cases in- 
volving a franchise or freehold, or the validity of a law. 
These cases must be appealed directly to the supreme 
court. 

A franchise is a special privilege given by the State to 
an individual or corporation. 

The term freehold applies to real estate titles. 

Decision. — The decision of the appellate courts is final 
in all cases in which the amount in dispute is less than one 
thousand dollars. When the amount is one thousand dollars 
or more, the case may be taken to the supreme court. 

Salaries. — Appellate judges receive the same pay as 
circuit judges — $3,500 a year. The clerks receive fees. 



48 ILLINOIS AND THE NATION. 

CIRCUIT COURTS. 






Circuits. — With the exception of Cook county, all of 
the counties of the State are arranged by the legislature into 
thirteen divisions called circuits. Cook county alone con- 
stitutes a circuit. 

Judges. — Three judges are elected in each circuit every 
six years. Usually two of these hold circuit courts, and the 
third acts as one of the judges of the appellate courts. 
Cook county now elects eleven circuit judges. 

The circuit court is so called because its judges go from 
county to county for the purpose of holding court. 

Circuit Clerk. — Each county elects a circuit clerk for 
a term of four years. He attends the sessions of the circuit 
court in his county, and keeps a record of the proceedings 
of the court. 

He keeps account of the costs of all suits in the circuit 
court in his county. These costs are made up of the fees of 
the sheriff, clerk, witnesses, jury, and others, and are usually 
paid by the person against whom the suit is decided. 

The circuit clerk also issues the summonses, subpoenas, 
executions, and other processes of the court. 

In counties of less than 60,000 inhabitants, the circuit 
clerk also acts as recorder of deeds for his county. 

Master-in-Chancery. — In each county there is a mas- 
ter-in-chancery who is appointed by the judges of the cir- 
cuit for two years. To him are referred many matters for 
investigation. He reports the results of his investigation to 
the court. Chief among his other duties is the sale of real 
estate in cases of foreclosure of mortgages. 

Jurisdiction. — The circuit courts have original jurisdic- 
tion in all criminal cases, and in civil cases between citizens 
of the State ; and appellate jurisdiction in all cases tried 
before the county court and justices of the peace. 



STATE GOVERNMENT. 49 

Courts of Cook County. — Besides the circuit court, 
there are in Cook county two courts not held in other coun- 
ties. The superior court of Cook county was formerly 
known as the superior court of Chicago; the criminal court 
of Cook county was formerly known as the recorder's court 
of the City of Chicago. 

Salary. — The circuit judges receive $3,500 a year, ex- 
cept those in Cook county ; these receive $7,000 a year. 

Grand Jury. — The grand jury of every county assists 
the circuit court in bringing offenders to trial. 

A grand jury consists of twenty-three men who are se- 
lected by the county board. This jury meets at the place of 
holding the circuit court, and investigates all criminal 
charges brought to its notice against persons for crimes 
committed within the county. It hears evidence against ac- 
cused persons, but not for them. If it has just cause to 
believe a person guilty of a crime, it furnishes the court 
with a paper in which the person is named, and his crime 
described, and advises that he be brought to trial. 

Such a paper is called an "indictment," and the person 
is said to be " indicted " by the grand jury. 

In every case of indictment, sixteen grand jurors must 
be present, and twelve must agree to the indictment. 

An indictment is often called " a true bill." This comes 
from the fact that the paper is prepared by the State's attor- 
ney, and is indorsed by the jury "A true bill," if the ac- 
cused is found guilty. 

A copy of the indictment giving a list of witnesses 
against the accused, is furnished the accused or his attorney. 

The meetings of the grand jury are not open to the 
public. 

Petit Jury. — Almost all cases in the circuit court are 
tried by a petit jury consisting of twelve men. 

This jury sits in open court and hears the evidence 



50 ILLINOIS AND THE NATION. 

against and in behalf of the defendant, together with the 
arguments of the lawyers on both sides. The judge then 
instructs the jury as to the law concerning the case, and the 
manner in which it should weigh the evidence for and 
against the defendant. 

The jury then retires to the jury room, being all the 
while in charge of an officer, and agrees upon a verdict, if 
possible. A verdict cannot be rendered unless all the jurors 
agree to it. This applies as well to civil as to criminal cases. 

In trials before justices of the peace, juries are not in- 
structed by the court. 

Cases before the supreme and appellate courts are not 
tried by jury. 



CHAPTER III. 
THE DIVISIONS OF THE STATE. 

DESCRIPTION OF THE DIVISIONS. 

Counties. — Counties are divisions of the State made in 
order to bring matters of government nearer to the people. 

Counties are formed by the legislature of the State, 
usually upon petition of the people directly concerned. 
They are named in the acts which create them. 

The county does not bear exactly the same relation to 
the State that the latter does to the Nation. The State is 
sovereign in many particulars, while the county has no sov- 
ereign power whatever. It has no constitution, and all its 
powers are given to it by the State legislature. 

There are one hundred and two counties in Illinois. 

Townships. — In this State we have two correct uses of 
the word township. These uses should be carefully learned, 
so as to be distinguished clearly from each other, and from 
the uses of the word town. 

Congressional Township. — The Congressional Town- 
ship is the unit of the United States Survey System, and is 
simply a tract of land six miles square. It is a division rather 
of the United States than of the State, and is common to all 
States and Territories surveyed by this system. It is not a 
political division of the county, State, or United States, and 
consequently has no officers. It has a single purpose — to 
assist in the description of real estate, and is always desig- 
nated by number — is never named. 

(51) 



52 ILLINOIS AND THE NATION. 

School Township. — The School Township is a politi- 
cal division of the county with reference to school affairs 
only, and in boundary is coincident with the congressional 
township of like number and description. 

Section twenty-three of the school law provides that 
every congressional township shall be considered a town- 
ship for school purposes. 

The school township has four officers only, three trus- 
tees of schools, and a township treasurer. The latter is 
often called the school treasurer. 

It has a single purpose, to assist in certain school affairs, 
and is always designated by number, never by name, being 
numbered exactly like the congressional township with 
which it coincides. There need be no confusion on this ac- 
count, as the two townships are never spoken of in the 
same connection. 

Towns. — The word town has so many different mean- 
ings that it is somewhat difficult to apply it correctly at all 
times. Its use as a general term for villages and cities is 
correct in ordinary conversation, as where we speak of " go- 
ing to town/' or " going out of town." But in the study of 
civil government we must discard this use of the word, and 
speak only of its two uses in connection with civil affairs. 

Organized Towns. — The organized town is a politi- 
cal division of the county with reference to civil affairs only. 

The organized town has no connection whatever with 
the description of real estate, with the school system, or 
with incorporated government, like that of a city or village. 

It has a single purpose, to assist in local government 
in civil affairs. 

In almost all counties in the State, especially those in the 
central and northern part, every one lives in some town in 
this sense of the word. 

If all organized towns had been formed as was intended 



THE DIVISIONS OF THE STATE. 53 

by the law, they would be six miles square, except where 
there are fractional congressional townships. 

The organized town is always designated by name — 
never by number. 

Whenever the word town is used in this book, the organ- 
ized town is meant, except when the expression incorporated 
town is used. 

Township Organization. — The constitution of 184S 
provided that " the General Assembly shall provide, by a 
general law, for a township organization." Accordingly a 
law was enacted that all counties which should elect to do so 
in a prescribed manner might adopt what is known as 
" township organization." 

Counties so electing are divided by three commissioners, 
appointed by the county board, into towns which shall coin- 
cide with the townships of the county. When a township 
shall have too few inhabitants for a separate organization, it 
may be added to some adjoining town, or divided between 
two or more towns for the time being. Fractional town- 
ships may be added to some adjoining town. A glance at a 
complete map of the State will show that few T counties, if 
any, have all of their towns coincident with the township. 
Has your county ? 

A majority of the towns, however, coincide with the 
townships. In such cases, the township election (for school 
trustees) and the town election (annual town meeting) are 
held on the same day. This fact gives rise to the common 
error of calling the officers of the town " township officers." 

Counties are divided into towns in order to bring matters 
of local government still nearer the people. This and the 
government of counties not under township organization will 
be fully explained in a subsequent chapter. 

The term "township organization" used in the law is 
evidently a misnomer; it should be u town organization," 



54 ILLINOIS AND THE NATION. 

since so many towns are not organized townships, not being 
coincident with the latter. 

Incorporated Towns. — It is to be regretted that prior 
to the enactment of the law authorizing the organization of 
towns for local government, a law was enacted which pro- 
vides for the incorporation of towns, divided into blocks and 
lots, having streets and alleys, and governments similar to 
that of villages. In fact, the word town is used in the same 
sense as the word village. A few such towns have been in- 
corporated, but almost all such incorporations are termed 
villages. 

Unless there is such a town near you, it will be better for 
you to dismiss this use of the word from your mind, and to 
think only of the organized town. 

School Districts. — School districts are divisions of the 
school township, and have reference to school affairs only. 

County Organization. — Counties not under township 
organization are said to be under county organization. 

There are twenty-three such counties in Illinois. In 
some of these the proposition to organize was voted on at 
the general election in 1886. The proposition has been de- 
feated one or more times in nearly all of them. 

The chief argument in favor of township organization is 
that it brings the government nearer the people. One feat- 
ure of this is that it makes several town offices to be filled 
by residents of the town. Many men, doubtless, work and 
vote for township organization hoping to obtain an office. 

The leading argument against township organization is 
that it increases the cost of government very materially. 
Taxes are necessarily higher in counties under township or- 
ganization. Of course it may be claimed that the govern- 
ment is enough better to overcome the disadvantage of 
increase in cost. 



THE DIVISIONS OF THE STATE. 55 

Cities and Villages. — The government of cities and 
villages is described in another chapter. They are com- 
monly spoken of as towns ; but in the study of the civil 
government of Illinois you must discriminate sharply be- 
tween cities and villages and towns, except in the few 
cases where there are incorporated towns. 

Cities and villages have certain corporate privileges which 
towns have not. They are organized in a wholly different 
manner, and for a different purpose. 

In many cases the name of a town is the same as that of 
a city or village within its limits. This fact often gives rise 
to confusion in common speech. 

In what congressional township do you live? in what 
school township ? town ? city or village ? 

Other Divisions. — There are certain other divisions of 
the State with reference to its legislative and judicial affairs 
which need not be described here. 



CHAPTER IV. 
COUNTY GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Board of Supervisors. — The laws made by the Gen- 
eral Assembly apply to all counties alike, and only such 
laws are made by it as are general in their nature. Every 
county has measures for its own government which apply 
only to itself. These measures must not conflict with any 
general law of the State. 

In counties under township organization, the legislative 
acts are performed by the board of supervisors. The mem- 
bers of this board are elected by the several towns in the 
county, and perform duties as town officers aside from their 
duties as members of the " county board," as the board of 
supervisors is called. 

In counties not under township organization the board 
of county commissioners is also called the county board. 

Meetings. — The board of supervisors holds its annual 
meeting on the second Tuesday of September. It also 
holds a regular meeting on the second Monday in July in 
each year. Special meetings may be held at the request of 
at least one-third of the members of the board. 

The July meeting is held especially for the equalization 
of assessments of taxes. 

County Seat. — The county board meets at the county 
seat, and, if possible, in the court house. 

(56) 



COUNTY GOVERNMENT 57 

The county seat is the city or village in which the busi- 
ness of the county is transacted. 

The courthouse, and usually all county offices, are at 
the county seat. 

Organization. — The county board organizes at the first 
meeting of the year by choosing one of its number chair- 
man. The chairman presides over all the meetings when 
present, and appoints the various committees. The busi- 
ness of the board is largely done through its committees. 
The county clerk is clerk of the board of supervisors. 

Open Doors. — The board must hold its meetings with 
open doors. Why ? 

Proceedings Published. — A brief account of the pro- 
ceedings of every meeting must be published in a county 
paper, if this can be done without unreasonable expense. 

New Towns. — The board may change the boundaries 
of towns, create new towns, and give names to them. No 
two towns in the State shall have the same name. The State 
auditor keeps an alphabetical list of all the towns, and must 
be consulted in case a new name is to be given. 

Have you a clear notion of what is meant by the word 
town, as here used ? 

Care of Property. — The county board has the care of 
all property belonging to the county. 

The board also has the management of nearly all the 
funds belonging to the county. 

Auditing Bills. — The county board must settle all just 
claims against the county, and audit all accounts concerning 
the receipts and expenditures of the county. 

Levy of County Tax.— The county board may levy a 
tax not to exceed seventy-five cents on the one hundred dol- 
lars' valuation for county purposes. 

If the county was in debt at the time of the adoption of 



58 ILLINOIS AND THE NATION. 

the present constitution, a tax not to exceed one dollar on 
the one hundred dollars' valuation may be levied to pay the 
principal and interest for such indebtedness. Any additional 
levy must be submitted to a vote of the people. 

County Buildings. — The county board must erect a 
courthouse, jail, and other necessary public buildings. 

Furnished offices must be provided for the county officers. 
Some of these offices are to be fire-proof, or furnished with 
fire-proof safes, whenever the finances of the county will 
permit. 

Books and Stationery. — The board must furnish 
suitable books and stationery for the use of the county board 
and the several county officers. 

Annual Financial Statement. — The county board 
must prepare and publish an itemized statement of the re- 
ceipts and expenditures of the preceding year, together with 
the actual condition of affairs at the end of the year. 

Prosecute and Defend Suits. — Suitable measures 
for the prosecution and defense of suits brought by or 
against the county must be taken by the county board. 

Pay of County Officers. — The pay of the officers, 
except the county superintendent of schools, is fixed by the 
county board, and cannot be changed during the term for 
which the officers are elected. 

Why not ? 

Treasurer's Accounts. — It is the duty of the county 
board to examine the books of the county treasurer, and to 
count the money at least as often as once every six months. 

Grand and Petit Jurors. — Grand juries are selected 
by the county boards in their respective counties. 

There are to be chosen, as near as may be, a proportion- 
ate number of grand jurors from each town in the county. 

Each year the board prepares lists of not less than one- 



COUNTY GOVERNMENT. 59 

tenth of the legal voters of each town, which lists are kept 
in the office of the county clerk. The county clerk writes 
each man's name and address upon a separate ticket, and 
puts all the tickets in a box kept for the purpose. At least 
twenty days before a trial court convenes, the clerk of the 
court, in the presence of the county clerk, draws the names 
of a sufficient number of petit jurors from the box. 

Equalization of Assessments. — At its July meeting 
the county board examines the assessment books of the sev- 
eral towns, and makes such changes in them as will tend to 
equalize the taxes of the county. 

If any one thinks he has been assessed too high, or his 
property is exempt from taxation, or his neighbor's tax is 
too low, he can make complaint to the board at this time. 

The board also sees to it that the valuations in one town 
bear a just relation to all the towns in the county. 

Other Powers and Duties. — The county board may 
also allow, regulate and condemn toll roads and bridges ; 
grant liquor licenses ; establish county normal schools ; 
offer rewards for criminals ; and offer rewards for raising 
timber. 

Board of County Commissioners. — In counties not 
under township organization, the county board consists of 
the three commissioners elected by the whole county for a 
term of three years, one commissioner being elected each 
year. 

These counties are divided by the county board into 
precincts for election purposes, and into districts for road 
purposes. 

The powers and duties of the board of commissioners 
are almost the same as those of the board of supervisors. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive department consists of the 



60 ILLINOIS AND THE NATION. 

county clerk, treasurer, recorder, county surveyor, superin- 
tendent of schools, and the committees of the county board 
when carrying out the instructions of the whole board. 

All of the officers named execute the State laws which 
apply to their duties, and also the measures passed by the 
county board. 

The county clerk is an officer of the judicial department 
of the county when he acts as clerk of the county court. 

All of the executive officers of the county are elected for 
four years. 

COUNTY CLERK. 

Records. — The county clerk has charge of certain 
books and papers pertaining to the business of the county. 

County Board. — He is clerk of the county board of 
his county, keeps a record of its proceedings, and keeps on 
file all accounts passed upon by the board. 

Orders — He must keep a complete record of all orders 
drawn upon the county treasurer. 

Bonds. — The official bonds of certain county and town 
officers are filed in the office of the county clerk. He must 
keep an alphabetical list of these bonds, giving name of 
sureties and other essential facts. 

Indexes. — He must keep alphabetical indexes of all 
records and papers filed in his office. 

Copy. — The county clerk must furnish to any person 
who will pay the proper fee, a copy of any record, paper, or 
account in his office. 

County Court. — The county clerk must attend the ses- 
sions of the county court, and keep a complete record of all 
its proceedings. 

Marriage Licenses. — He issues marriage licenses. 

Canvassing Votes. — After every general election, the 






STATE GOVERNMENT. 61 

county clerk, and two justices of the peace of his county 
canvass the votes of the county, and make abstracts show- 
ing the number of votes received by each candidate. These 
abstracts are filed in the county clerk's office. 

Taxes. — He computes the amount of tax to be paid by 
every person subject to taxation in the county, and supplies 
collectors with books which show the amount each person 
must pay. 

COUNTY TREASURER. 

Public Funds. — The county treasurer must receive, 
safely keep, and pay out according to law, all public money 
that may properly come into his hands. 

Accounts. — He must keep a complete record of the 
business of his office. The books containing this record are 
always open to the inspection of the public. Why ? 

Report. — The treasurer must report to the county 
board at each of its regular meetings all sums received and 
paid out by him since his last report. These reports are 
filed in the county clerk's office, and are subject to the in- 
spection of the public. 

Settlements. — Twice each year the county board must 
make a settlement with the treasurer, and count the funds. 

Re-election. — An amendment to the State constitution 
was adopted in 1SS0, providing that no person having once 
been elected to the office of sheriff or treasurer shall be 
eligible to the same office for four years after the expiration 
of the term of office for which he was elected. 

RECORDER. 

Deeds. — The recorder must copy into books provided 
for the purpose all deeds, mortgages and other papers per- 
taining to the titles of lands, when the papers are presented 
to him for that purpose. 



62 ILLINOIS AND THE NATION. 

The person presenting such a paper must pay a pre- 
scribed fee in order to have it copied, or recorded, as it is 
called. 

In case a paper so recorded is lost, the recorder's books 
will show its contents. 

Chattel mortgages, or mortgages upon personal property 
may also be recorded. 

Records Open to the Public. — All records and in- 
dexes are now open to the public, and abstracts may be 
taken from them without charge. 

In counties of less than sixty thousand inhabitants the 
circuit clerk is ex officio (by virtue of his office) recorder of 
deeds In counties of sixty thousand or more inhabitants 
there is a separate recorder. Only four counties in the 
State elected separate recorders in 1886. 

Let the teacher secure blank forms of such instruments 
as deeds and mortgages, and explain their use to the class. 

COUNTY SURVEYOR. 

Duties. — The county surveyor makes surveys within 
his county when called upon to do so. He keeps a record 
of surveys made by him. The record is open to the inspec- 
tion of all persons interested in the surveys. 

SUPERINTENDENT OF SCHOOLS. 

The duties of county superintendent of schools are given 
under the subject of schools. 

Name the executive officers of your county. 

JUDICIAL DEPARTMENT. 

Officers. — The officers of the judicial department of 
the county are county judge, probate judge, county clerk 



COUNTY GOVERNMENT. 63 

(when acting as clerk of the county court), sheriff, State's 
attorney, and coroner. 

Although elected by the county, and termed a county 
officer, the circuit clerk is really an officer of the circuit 
court, and his duties were given in that connection. Review 
them. 

Term.- — These officers are all elected for four years. 
Salaries. — Their salaries are fixed by the county board, 

COUNTY COURT. 

Judge. — The county judge is judge of the county court. 

Law Jurisdiction. — The county courts have exclusive 
jurisdiction in suits authorizing the sale of real estate for the 
collection of taxes. 

They have concurrent jurisdiction with the circuit courts 
in all cases like those in which justices of the peace have 
jurisdiction, and in which the amount in dispute is not more 
than one thousand dollars. They also have concurrent ju- 
risdiction with the circuit courts in criminal cases when the 
punishment is not imprisonment in the penitentiary, or death; 
and in all cases of appeal from justices of the peace and 
police magistrates. 

When two or more courts have concurrent jurisdiction in 
any matter, suits may be brought in any one of them. In 
suits for two hundred dollars or less, justices of the peace, 
county and circuit courts have concurrent jurisdiction. 

Probate Jurisdiction. — In counties of less than sev- 
enty thousand inhabitants, the county court has original ju- 
risdiction in all matters relating to the settlement of the 
estates of deceased persons ; the appointment of guardians 
of minors, and conservators of the insane and feeble-minded, 
and the settlement of their accounts ; and in all matters re- 
lating to apprentices. 



64 ILLINOIS AND THE NATION, 

PROBATE COURT. 

Judge. — In counties having more than seventy thousand 
inhabitants, a probate judge must be elected to attend to the 
probate business of the county. In this case the county court 
has only law jurisdiction, and a separate probate court is 
established. 

Clerk. — A probate clerk is also elected in such cases. 
In 1886 only two counties, Cook and La Salle, elected 
separate probate judges. 

SHERIFF. 

Attendance at Courts. — The sheriff must attend all 
the sessions of circuit and county courts, and obey their 
lawful orders. He convenes and adjourns the court when 
directed to do so, and preserves order in the court. 

Service of Writs. — The sheriff serves all warrants, 
summonses, subpoenas, executions and other papers that 
the court may issue. 

A warrant directs the sheriff to arrest a certain person 
accused of a crime. 

A summons directs the sheriff to summon a certain per- 
son to appear in court to answer a demand made by another 
person named in the summons. 

A subpoena commands a certain person to appear in 
court as a witness. 

An execution empowers the sheriff to carry a judgment 
into effect. A common form of execution is that which di- 
rects the sheriff to seize certain property and sell it to pay 
the obligations of a person against whom a suit has been 
decided. 

Let the teacher procure blank copies of these and other 
judicial writs, and discuss their uses with the class. 



COUNTY GOVERNMENT. 65 

Conservator of the Peace, — Every sheriff is con- 
servator of the peace in his county, and it is his duty to 
suppress riots, fighting and all breaches of the peace, and to 
prevent crime. 

He may arrest, without a warrant, persons whom he sees 
offending, and take them before a magistrate. 

Custodian of Court House. — The sheriff has charge 
of the court house and jail in his county. 

Care of Prisoners. — He is the keeper of the county 
jail. He sees that all prisoners are properly guarded and 
supplied with suitable food. 

When prisoners are sentenced to the penitentiary or re- 
form school, the sheriff removes them thither. He also 
hangs criminals condemned to death. 

Deputies. — The sheriff may appoint deputies to assist 
him in his work. These deputies have all the powers of the 
sheriff, and their official acts are considered as acts of the 
sheriff, he being responsible in all cases for them. 

Ineligible to Re-election. — A person having once 
been elected to the office of sheriff is ineligible to re-elec- 
tion for four years after the expiration of the term for which 
he was elected. 

STATE'S ATTORNEY. 

Prosecution of Criminals.— The State's attorney sees 
that offenders against the laws are indicted, arrested, and 
brought into court for trial. He then endeavors to prove 
their guilt and have them punished. He is often called the 
" prosecuting attorney." 

Civil Suits. — The State's attorney carries on, in behalf of 
the county, all lawsuits brought for or against it, and in cases 
brought against county officers as such, he defends the 
officers. 



66 ILLINOIS AND THE NATION. 

Advisory Duties. — He is the legal adviser of all county 
officers, and of justices of the peace in matters relating to 
their duties. . 

CORONER. 

Inquests. — Whenever the coroner is informed that 
some person within the county has met with death from vio- 
lence, accident, or any undue means, it is his duty to repair 
to the place, and, with the aid of a jury, inquire into the 
cause of the death. Such an examination is called an 
inquest. 

A record of the inquest is kept in a book provided for 
the purpose. The coroner reports the result of the exam- 
ination to the county clerk. 

Arrest of Slayer. — If any person is found to be impli- 
cated as the murderer of the deceased, it is the duty of the 
coroner to arrest him and hold him for further examination 
and trial. 

Coroner Acts as Sheriff. — When the sheriff's office 
becomes vacant, or when the sheriff is interested in any suit, 
the coroner acts as sheriff. 

Name all of the judicial officers of your county. 



CHAPTER V. 
TOWN GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Annual Town Meeting. — On the first Tuesday of 
April every town in the State holds its annual town meeting 
for the election of officers and the transaction of the busi- 
ness of the town. 

Moderator. — At some time between the hours of eight 
and nine o'clock in the forenoon, the voters present are 
called together by the town clerk. 

One of their number is chosen moderator, and the super- 
visor and assessor of the town take their places as judges 
of the election. The moderator is a judge of the election, 
and also presides over the meeting during the transaction 
of miscellaneous business. 

The moderator must take an oath before entering upon 
the duties of his office. 

Clerk. — The town clerk last elected is clerk of the an- 
nual town meeting, and must keep a full and faithful record 
of all its proceedings. 

Manner of Voting. — The town clerk must supply a 
suitable ballot box. This box, made of tin or wood, is 
shown to be empty at the beginning of the election, and is 
then kept locked until the voting is done. 

Two of the judges make lists of the voters' names, and 
number them in the order in which the persons vote. 

(67) 



<*)» ILLINOIS AND THE NATION. 

Each voter hands his ticket, 'folded, to a judge of the 
election, who writes upon it a number corresponding to the 
number of the voter's name on the lists kept by the other 
judges. 

When the polls are closed, the ballot box is opened by 
the judges, and the tickets are counted to see if they agree in 
number with the number of men who have voted. Then 
the votes are canvassed — that is, the names of the persons 
voted for for each office are ascertained, and a record made 
of the number of votes each person receives. 

When the canvass is completed, the town clerk an- 
nounces the result of the election, and the town meeting is 
at an end. 

Miscellaneous Business. — At two o'clock in the 
afternoon the polls are closed temporarily, and the modera- 
tor calls the meeting to order for the transaction of miscel- 
laneous business. 

All questions are decided by a majority of the legal 
voters present. The following are the most important mat- 
ters that may be acted upon. 

Taxes. — Money may be directed to be raised by taxa- 
tion for constructing or repairing roads and bridges ; for 
the prosecution or defense of lawsuits for or against the 
town, and for a few other purposes. 

Lawsuits. — The meeting may instruct the proper offi- 
cers concerning the lawsuits of the town. 

Canada Thistles. — Rewards may be offered for the 
destruction of Canada thistles and other noxious weeds. 

Fences. — The meeting may determine what shall be a 
lawful fence in the town, and make rules concerning 
fences. 

Trees. — Action may be taken to induce the planting of 
trees along the highways. 



TOWN GOVERNMENT. 69 

Premiums may be given for this purpose. 
Stock. — The meeting may restrain and regulate the 
running at large of stock, establish and maintain a pound, 
appoint a pound-master, and prescribe his duties. 

Public Wells. — Public wells and watering places may 
be provided for, and their use regulated. 

Public Health. — Measures may be taken to prevent 
unhealthfulness in the town. 

Road Tax. — The voters may determine whether the 
road tax of the town shall be paid in money or in labor. 

Reports of Officers. — The voters receive and act 
upon the reports of officers for the past year. 

When the miscellaneous business is concluded, the mod- 
erator so announces, the polls are re-opened, and the voting 
continues till time for closing the polls. 

Voters. — All men twenty-one or more years of age who 
are citizens of the United States, and who have resided in 
the State one year, in the county ninety days, and in the 
election district thirty days, are entitled to vote at the an- 
nual town meeting, and at all other elections in this State. 

Special Town Meetings. — The supervisors, town 
clerk, and a justice of the peace, or any two of these offi- 
cers together with at least fifteen voters of the town, may 
cause a special town meeting to be held, by filing with the 
town clerk a statement, in writing, that such a meeting is 
necessary for the good of the town. The objects of the 
meeting must be given in the statement. 

Notice of the meeting is given in the same manner, and 
for the same length of time as for annual town meetings. 
The notice must state the objects of the meeting as given 
in the written statement filed with the town clerk, and no 
business can be done except that for which the meeting was 
called. Why this provision ? 



70 ILLINOIS AND THE NATION. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive officers of the town are su- 
pervisor, clerk, assessor, collector, and highway commis- 
sioners. There is no town treasurer. The supervisor and 
one of the highway commissioners have charge of all town 
funds. There is a township treasurer, but he holds nothing 
except towjiship school funds. He is a school officer, and 
his duties will be given in the proper place. 

The town officers are elected at the annual town meet- 
ing. A pound master may also be appointed at that time. 
A commissioner of Canada thistles may be appointed by the 
board of town auditors. 

SUPERVISOR. 

Town Funds. — The supervisor receives and pays 
out all funds for the expenses of the town, except for road 
and bridge purposes. 

Lawsuits of the Town. — He is to prosecute suits for 
the recovery of penalties and forfeitures due the town. 

When the supervisor's bond is forfeited, the town clerk 
is to prosecute the suit. 

Account and Settlement. — The supervisor must 
keep strict account of all sums of money received and paid 
out for the town, and on Tuesday preceding the annual 
town meeting he must make a settlement with the board of 
town auditors. 

County Board. — All supervisors, except of the towns 
in Cook county, must attend all meetings of the county 
board. 

The State constitution provides that Cook county shall 
be governed by a board of commissioners of fifteen persons, 
ten from the city of Chicago, and five from the towns out- 
side the city. 



TOWN GOVERNMENT. 71 

Town Paupers. — The supervisor is overseer of the 
paupers of the town. It is his duty to furnish them proper 
relief at the expense of the town or county. 

Statement. — One week before the annual town meet- 
ing, the supervisor must file with the town clerk a state- 
ment showing what sums of money are due the town, also, 
what sums the town owes. This statement must be copied 
by the town clerk into the town records, and read at the 
town meeting. 

Term. — Supervisors are elected for one year. 

Assistant Supervisors. — In towns of four thousand 
inhabitants there must be elected one assistant supervisor, 
and for every twenty-five hundred inhabitants above four 
thousand an assistant supervisor is added. 

These have no authority in town affairs, except as mem- 
bers of the board of health. As members of the county 
board they have the same powers as the principal super- 
visor. 

TOWN CLERK. 

Records. — The town clerk has custody of all records, 
books, and papers of the town. 

Town Meetings. — He records in a book provided for 
the purpose the proceedings of every town meeting, includ- 
ing all rules and regulations adopted at such meeting. 

He also records the acts of the board of the town aud- 
itors. 

Certificates. — If it be voted at any town meeting to raise 
money for any purpose, the clerk must deliver to the super- 
visor before the annual meeting of the county board a cer- 
tificate of his record of such vote. 

He must certify to the county clerk, on or before the 
second Tuesday in August, the amount of taxes to be raised 
for all town purposes. 

Term. — The town clerk is elected for one year. 



72 ILLINOIS AND THE NATION. 

ASSESSOR. 

Value of Property. — It is the duty of the assessor to 
set a value upon the property of every property holder in his 
town, and to write their value in a book prepared for the 
purpose. This book, when the assessments are completed, 
is delivered to the county clerk. When all the assessors' 
books in the county have been returned to him, the county 
clerk ascertains the total valuation put upon the taxable 
property within the county. From the tax levies made and 
filed in his office by the various officers who are authorized 
to levy taxes, he ascertains the total amount to be raised by 
taxation in his county. By finding the per cent, that this 
amount is of the assessed value of all the property, he ob- 
tains what is called the rate per cent, of taxation. The as- 
sessed value of a man's property multiplied by this rate per 
cent, will give the amount of his tax. 

COLLECTOR. 

Collection of Taxes. — The collector, as his name 
implies, collects the taxes of the town, and pays them over 
to the proper officers. 

Term. — The assessor and collector are elected for one 
year. 

HIGHWAY COMMISSIONERS. 

Treasurer. — There are three commissioners of high- 
ways elected in every town. 

Within ten days after their election they must meet at 
the town clerk's office, and elect one of their number 
treasurer. 

The treasurer, after executing a bond, receives all money 
collected in the town for road and bridge purposes, and 



TOWN GOVERNMENT. 73 

pays it out on the order of two or more of the highway 
commissioners. 

Roads and Bridges. — The commissioners establish, 
alter or vacate roads, keep roads and bridges in repair, and 
build new bridges when necessary. 

Road Districts. — The commissioners divide their res- 
pective towns into districts of convenient size, and when 
road tax is paid in labor, they appoint an overseer of high- 
ways in each district, and direct him in his work. 

Tools and Implements. — The commissioners pur- 
chase for the use of the town such plows, scrapers and other 
implements as may be necessary, and have charge of them 
at all times. 

Drainage Commissioners. — The commissioners of 
highways constitute the board of drainage commissioners 
for all drainage districts within their respective towns. 

Other Duties. — It is the duty of the highway commis- 
sioners to put up guide-boards at the forks and crossings of 
the most important public roads ; also to keep noxious weeds 
from seeding. 

They may provide public wells with suitable fixtures at 
the most important crossings, and at other suitable places. 

Road Tax. — The commissioners must annually levy 3 
tax sufficient for all road and bridge purposes for the ensu- 
ing year ; but this tax cannot exceed the rate of forty cents 
on one hundred dollars, unless the voters at the annual town 
meeting so direct. In any case the rate cannot exceed sixty 
cents on one hundred dollars. 

Term. — The highway commissioners are elected for 
three years, one being elected annually. 



74 ILLINOIS AND THE NATION. 



TOWN BOARDS. 



Board of Appointment. — Whenever there is a vacancy 
in any town office, from any cause, the justices of the peace 
of the town, together with the supervisor and the town clerk, 
may choose some one to fill such vacancy for the remainder 
of the term. 

Board of Town Auditors. — The supervisor, town 
clerk and justices of the peace of every town constitute the 
board of town auditors. 

The board meets at the town clerk's office twice each 
year — on Tuesday before the annual meeting of the county 
board, and on Tuesday before the annual election. At these 
times they examine the accounts of the supervisor and com- 
missioners of highways of the town, and audit all charges 
and claims against the town, and the compensation of all 
town officers, except that of supervisors for county services. 

Commissioner of Canada Thistles. — The board of 
auditors may appoint, when necessary, a commissioner of 
Canada thistles, whose duty it is to destroy all Canada this- 
tles growing in the town. He is appointed for three years. 

Board of Health. — The supervisors, assessors, and 
town clerk of every town constitute a board of health. 

It is their duty to make and enforce, when necessary, 
such regulations as may tend to check the spreading of con- 
tagious diseases in the town. 

Town Board of Equalization. — The assessor, town 
clerk and supervisor meet on the fourth Monday of June of 
each year, for the purpose of reviewing the assessment of 
property in the town. 

Due notice is given of the time and place of such meet- 
ing, and any person who may think he has been assessed too 
high, or that another person has been assessed too low, may 



TOWN GOVERNMENT. 75 

appear before the board of equalization, and have the matter 
investigated. 

The board equalizes all assessments as nearly as possible. 

JUDICIAL DEPARTMENT. 

Officers. — The judicial officers of the town are justices 
of the peace and constables. 

There are at least two justices and two constables in 
every town, and one justice and one constable additional for 
every one thousand inhabitants above two thousand, until 
there are five of each. 

Term. — Justices of trie peace and constables are elected 
for four years. 

Justices for the city of Chicago are appointed by the 
governor. 

JUSTICES OF THE PEACE. 

Civil Suits. — Justices of the peace have jurisdiction in 
civil cases in which the amount in dispute does not exceed 
two hundred dollars. 

Criminal Affairs. — Justices have original jurisdiction 
in all cases of misdemeanor, when the punishment is by 
fine only, and the fine does not exceed two hundred dollars; 
and in all cases of assault, and assault and battery. 

A misdemeanor is an offense not punishable with death 
or imprisonment in the penitentiary. 

When an offense is punishable with death or imprisonment 
in the penitentiary, it is a felony. 

An assault is an attempt, coupled with present ability, of 
one person to do a violent injury to another. 

Assault and battery is the unlawful beating of another, 

Preliminary Examination.— When a person is sus- 
pected or accused of felony, he may be arrested and brought 
before a justice for a preliminary examination. 



76 ILLINOIS AND THE NATION. 

If the justice, or the jury summoned by the justice, has 
just cause to believe him guilty, he is held to bail or sent to 
jail to await the action of the grand jury. 

When a prisoner is held to bail, he procures a sufficient 
number of responsible persons who will pledge themselves 
in writing to pay into the public treasury a certain sum of 
money, if the prisoner, being set free, does not appear in 
court on a certain day. 

After a person has had his preliminary hearing, he must 
be indicted by the grand jury before he can be brought to 
trial. 

CONSTABLES. 

Duties. — Constables must keep the public peace by ar- 
resting all persons who offend against the laws in their pres- 
ence, and must promptly serve the writs issued by the jus- 
tices and other magistrates. 

All judges and justices of the peace are also conservators 
of the peace within their respective jurisdictions. 

Fees. — Justices and constables receive certain fees pre- 
scribed by law. 



CHAPTER VI. 
CITY AND VILLAGE GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Cities under Special Charters.— Prior to 1870, cities 
could obtain from the legislature special charters for their 
government. 

These charters gave the cities to which they were granted 
certain privileges, named and defined the duties of the sev- 
eral officers, and were, withal, the basis of the city govern- 
ments. 

The constitution of 1870 prohibits the granting of such 
special charters, or the amendment of those already granted. 

Cities under the General Law.— Since the adoption 
of the new constitution, all cities have been incorporated 
under the general law. 

The governments of cities under special charters often 
differ from one another very materially ; while under the 
general law all cities are governed in the same manner. 

The following discussion applies to cities organized under 
the general law: 

City Council. — The city council consists of the mayor 
and aldermen. 

The mayor has no vote except in case of a tie. He is the 
presiding officer, rather than a member, of the council. 

The aldermen are from six to forty-eight in number, ac- 
cording to the population of the city, and are elected for 
two years. 

(77) 



78 ILLINOIS AND THE NATION. 

Wards. — For convenience in electing aldermen, cities 
are divided by the city council into half as many wards as 
there are aldermen, one alderman being elected from each 
ward annually on the third Tuesday in April. 

Wards must, as nearly as practicable, have an equal 
number of inhabitants, and be formed of compact and con- 
tiguous territory. 

Meetings. — The council determines the time and 
place of its regular and special meetings. All meetings 
are open to the public. 

Powers of City Councils. — The general law defines 
ninety-six different powers of city councils. The following 
are among the most important : 

Ordinances. — The council passes ordinances for the 
government of the city, and fixes such penalties as it may 
deem necessary, but no fine can exceed two hundred dollars, 
and no imprisonment can exceed six months for one offense. 

Animals at Large. — The council may prohibit the 
running at large of animals, including geese and dogs, and 
may impose a tax on dogs. 

Taxes. — The council has power to levy and collect 
taxes for general and special purposes. 

Officers. — The council acts upon all appointments of 
officers made by the mayor, and may confirm or reject them. 

Pay of Aldermen. — The pay of aldermen is fixed by 
the city council, but must not exceed three dollars to each 
alderman for each meeting of the council. No other com- 
pensation is allowed. 

EXECUTIVE DEPARTMENT. 

Mayor. — The chief executive officer of a city is the 
mayor, who is elected for two years. 

He presides over the meetings of the city council, and 



CITY AND VILLAGE GOVERNMENT. 79 

has a vote in case of a tie. He may also veto any ordinance 
passed by the council. Two-thirds of all the members 
elected to the city council may pass an ordinance over the 
mayor's veto. In these respects the mayor's duties pertain 
rather to the legislative department. 

Appointment of Officers.— The mayor may, with the 
consent of the council, appoint certain officers. At such 
times the council exercises executive power. 

Message. — The mayor must present to the city council, 
at least once a year, a message regarding the affairs of the 
city, and recommend for their consideration such measures 
as he may deem expedient. 

Compensation. — The compensation of the mayor and 
of all the other city officers is fixed by the council, and can- 
not be changed during the term for which they are elected. 

City Clerk. — A city clerk is elected in every city for 
two years. He is the custodian of the corporate seal, and 
of all papers belonging to the city. 

He must attend the meetings of the city council and 
keep a record of its proceedings. 

He must record in a book kept for that purpose all ordi- 
nances passed by the council. 

City Treasurer. — This officer is elected for two years, 
and has charge of the city funds. 

His duties are much the same as those of the county 
treasurer. 

Assessor and Collector. — Instead of having the city 
taxes assessed and collected by the same officers and at the 
same time as other taxes, the city may elect a city assessor 
and a city collector. 

Other Officers. — By a vote of two-thirds of all the 
aldermen elected, the city council may provide for the elec- 



80 ILLINOIS AND THE NATION. 

tion by the legal voters, or for the appointment by the 
mayor, of certain other officers. 

Among those who, when so appointed or elected, have 
executive authority, are a city comptroller and a super- 
intendent of streets. 

City Comptroller. — The city comptroller is the special 
guardian of the funds of the city. He has general super- 
vision over all city officers who handle the city funds, and 
makes an annual estimate of the amount of money neces- 
sary to run each department of the city government for the 
ensuing year. 

Superintendent of Streets. — This officer has general 
supervision of the streets, and sees that they are kept in 
order. 

JUDICIAL DEPARTMENT. 

City Courts. — In cities having five thousand or more 
inhabitants, there may be city courts which shall at all times 
have concurrent jurisdiction with circuit courts, except for 
the crimes of treason and murder. 

A judge and a clerk of the city court are elected for four 
years. 

Police Magistrates. — Police magistrates, having the 
same jurisdiction as justices of the peace, may be elected in 
cities and villages for four years. 

Justices of the peace have jurisdiction in all matters 
pertaining to city and village ordinances. 

Corporation Counsel. — There may be elected, or ap- 
pointed, a corporation counsel, whose relation to the city 
and its officers is much the same as that of the attorney- 
general to the State and State officers. Only large cities 
have need of such an officer. 

City Attorney. — This officer is elected in every city 
for two years. 



CITY AND VILLAGE GOVERNMENT. 81 

He prosecutes offenders against the city ordinances, ad- 
vises the city council and other officers, and conducts the 
lawsuits of the city. 

City Marshal and Policemen. — The mayor, with 
the consent of the council, may appoint a city marshal and 
a sufficient number of policemen. The marshal is at the 
head of the police force, and has all the powers of a con- 
stable. 

The sheriff of the county, or any other constable may 
serve any processes, or make any arrests authorized to be 
made by the city marshal. 

The mayor and the members of the city and village 
councils are conservators of the peace, and may make ar- 
rests for violation of ordinances or of any criminal law of the 
State, with or without warrants. 

Trustees of Villages. — Villages are governed very 
much the same as cities. In place of the city council there 
is a board of trustees, six in number, elected for one year. 
A president of the board of trustees is also elected each 
year. He has about the same powers as the mayor of a 
city, and the trustees have powers similar to those of alder- 
men. The president has a vote only in case of a tie. 

A village clerk is also elected. 

The president and board of trustees may appoint a 
treasurer, one or more street commissioners, a village con- 
stable, and a few other officers. 



CHAPTER VII. 
PUBLIC SCHOOL SYSTEM. 

ORIGIN. 

Ordinance of 1787. — In 1787 congress passed an ordi- 
nance for the government of the territory of the United 
States northwest of the Ohio River. The third article refers 
to education in this manner: " Religion, morality and knowl- 
edge being necessary to good government and the happiness 
of mankind, schools and the means of education shall for- 
ever be encouraged." 

Act of Congress, 1818. — In 1818 congress passed an 
act enabling the people of Illinois to form a State constitu- 
tion. Section six has the following provision: " The section 
numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equiva- 
lent thereto, and as contiguous as may be, shall be granted 
to the State for the use of schools." It is further provided 
that three percent, of the net proceeds from the sale of pub- 
lic land within the State shall be appropriated by the legis- 
lature of the State for the encouragement of learning, and 
one-sixth of the amount shall be bestowed exclusively upon 
a college or university. 

State Constitutions. — Neither the constitution of 
1 81 8 nor that of 1848 makes any special mention of educa- 
tion. The constitution of 1870, on the contrary, has an en- 
tire article devoted to the subject, and declares that " the 
General Assembly shall provide a thorough and efficient 

(82) 



PUBLIC SCHOOL SYSTEM. 83 

system of free schools, whereby all children of the State may 
receive a good common school education." 

Laws of the State. — The first law providing for the 
establishment of free schools was passed in 1825. Many 
changes have since been made, some of which destroyed for 
a time the free school feature of the system. 

RELATION TO STATE GOVERNMENT. 

The public school system, though distinct in its purpose, 
is intimately connected with the government of the State in 
civil affairs. 

The General Assembly is the law-making power, and the 
ordinary courts have jurisdiction in school matters. But 
there are several executive officers who have to do with 
school matters only. 

With reference to the school system the State is divided 
into counties, townships, and school districts. 

SCHOOL FUNDS. 

State Funds. — The State school fund is made up from 
three distinct sources. 

Direct Tax. — Prior to 1873 a tax of two mills upon each 
dollar's valuation of the property in the State was levied for 
school purposes. In that year the General Assembly passed 
a law providing that there shall be levied " for State school 
purposes, to be designated State School Fiend (in lieu of the 
two-mill tax therefor), $1,000,000 annually." 

Interest on the School Fund Proper. — The School 
Fund proper consists of three per cent, of the proceeds of 
the sales of public lands in the State, one-sixth part excepted. 

The school fund proper is one of the permanent school 
funds of the State. It is called a permanent fund because 
no part of the fund itself, but only the interest upon it can 



84 ILLINOIS AND THE NATION. 

be expended. The interest on this fund is made a part of 
the State school fund. The one-sixth part of the proceeds 
excepted is known as the " College Fund." 

Interest on the Surplus Revenue. — In 1836 congress 
passed an act depositing with the States, in proportion to 
their representation in congress, the money that had accu- 
mulated in the national treasury — chiefly from the sale of 
public lands. Prior to this an unsuccessful attempt had 
been made to distribute this money among the States as a 
gift from the nation. The objections to this plan were over- 
come by depositing the money with the States subject to re- 
turn at a call by congress. About $28,000,000 was deposited 
in this way, and none of it has ever been called for. Illinois 
received $477, 919.24. 

When Illinois received her share, the General Assembly, 
in 1837, made a large part of the "surplus revenue," as it is 
called, a part of the permanent common school fund. The 
interest on this is annually distributed among the schools of 
the State. 

The interest on the State school fund is paid by the 
State at the rate of six per cent, per annum. 

Distribution of State Funds to Counties. — There is 
a special arrangement provided by law by which the State 
fund is distributed among the several counties with the 
least trouble and expense. In order to understand this, let 
us see how the funds would be distributed if there were no 
special arrangement. 

The interest on the school fund proper and on the sur- 
plus revenue is to be paid by the State from its funds in the 
hands of the State treasurer; and the $1,000,000 raised an- 
nually by taxation would come into the treasurer's hands 
with the other State tax, after passing through the hands of 
the town or county collectors and the county treasurers. 



PUBLIC SCHOOL SYSTEM. 85 

The State treasurer would then distribute the fund by 
the auditor's order to the several counties. 

The special arrangement is designed to prevent the 
passing of the money from county to State and then back 
to the county. 

The State fund is distributed among the several counties 
in. proportion to the number of persons under twenty-one 
years of age. 

On the first Monday of January of each year after 
taking the census of the State, the auditor of public accounts 
makes a dividend to each county of the money due it, and 
issues his warrant for the amount upon the county collector, 
and in favor of the county superintendent of schools. 

The treasurers in counties under township organization, 
and the sheriffs in counties not under township organization 
are, ex officio, county collectors. 

The county superintendent presents the warrant to the 
county collector, and receives the money due the county. 
The county collector turns the warrant over to the State 
treasurer in lieu of the amount for which it was drawn. The 
State treasurer presents the warrants received from the sev- 
eral county collectors to the auditor, who takes them up and 
issues in their stead a warrant upon the State treasurer for 
the amount of the school tax warrants, and another for the 
amount of interest on the school fund proper and surplus 
revenue. 

In this way each county gets its share of the State fund 
from its own collector, and the evidence of this is in the 
hands of the State auditor. 

If the census of persons under twenty-one years of age 
were not taken every year, the apportionment would be 
made upon the basis of the last census taken. 



86 ILLINOIS AND THE NATION. 

STATE SUPERINTENDENT OF PUBLIC INSTRUC- 
TION. 

Funds. — The school law provides that the superintend- 
ent of public instruction shall pay over, without delay, all 
sums of money which may come into his hands by virtue of 
his office. 

There is no provision in the law at present by which 
money may come into his hands except in payment of his 
salary. 

Counsel with Teachers. — He is to counsel and advise 
with experienced and practical school teachers as to the best 
manner of conducting common schools. 

Supervision. — He has the supervision of all the com- 
mon schools in the State. 

Advisory Duties. — He is the general adviser and 
assistant of county superintendents of schools, and from 
time to time addresses circular letters to them relating to 
school matters. 

He is the legal adviser of all school officers, and when 
requested by any such officers, gives his opinion in 
writing upon any question arising under the school law of 
the State. 

Report. — The State superintendent reports biennially 
to the governor, giving the condition of the schools of the 
State; the number of schools taught in each county; certain 
facts regarding the number of male and female teachers; 
the number of pupils in attendance at school; the number 
of persons in each county under twenty-one years of age, 
and the number of persons between the ages of twelve and 
twenty-one who can not read and write; the amount of 
township and county funds, and the amount of State, coun- 
ty and township funds annually paid out; the amount raised 
by taxation ; the whole amount annually expended for schools; 



PUBLIC SCHOOL SYSTEM. 87 

the number of schoolhouses, their kind and condition; the 
number of whole and fractional townships in each county; 
facts about apparatus and school libraries; ami other facts 
relating to schools. He is also to give suggestions regard- 
ing changes in the school law 

This report is laid before the General Assembly at its 
regular session, and is printed for free distribution. 

Funds Withheld. — The State superintendent has 
power to cause funds to be withheld from any school officer 
or teacher who has not complied with all the requirements 
of the law. 

Bond. — The State superintendent gives a bond for 
$25,000. 

Salary. — He receives a salary of $3,500 a year. 

COUNTY SUPERINTENDENT OF SCHOOLS. 

Accounts. — The county superintendent must keep an 
account of all sales of common school lands in his county, 
and of all sums of money received, loaned or paid out. 

Report to County Board.— He must present a writ- 
ten report to the county board at their regular meeting in 
September, giving a full statement of all sums of money in 
his charge since his last report, together with a statement of 
the condition of the county and township funds in his 
charge. 

Township Treasurers.— The county superintendent 
must examine all bonds given by township treasurers, and 
approve them or return them for correction. When they 
have been approved, he must pay over to the treasurers all 
sums of money, and all bonds, notes, and other securities 
and papers belonging to their respective townships. 

Apportionment.— He must apportion among the town- 
ships in which schools have been legally kept, the money 



88 ILLINOIS AND THE NATION. 

received upon the auditor's warrant from the State fund, 
together with the interest on the county fund, if there be one. 
He must see that every treasurer's bond is valid before 
paying him the sum apportioned for his township; and in 
case the directors of any district have not made their annual 
report, he withholds their share of the funds. 

Report to State Superintendent. — He must report 
to the State superintendent such facts as the latter may re- 
quire to assist him in making up his report to the governor. 

Advisory Duties. — In controversies arising under the 
school law, the opinion and advice of the county superin- 
tendent must first be sought, but appeal may be taken to the 
State superintendent. The county superintendent stands 
in much the same relation to the school officers and teach- 
ers of the county as the State superintendent stands to 
those of the whole State. 

Treasurers' Accounts. — The county superintendent 
must examine annually all accounts, books and vouchers of 
every township treasurer in his county, and report to the 
school trustees any irregularities he may find. He must 
also examine all bonds, notes and other securities for school 
funds held by every treasurer, and see that they are of 
proper form, and have sufficient security. 

Teachers' Associations. — He must encourage the 
formation, and assist in the management of county teachers' 
associations. 

Examinations. — He must hold examinations for 
teachers' certificates at least once every three months, and 
oftener, if necessary, at such times* and places as will, in his 
opinion, accommodate the greatest number of applicants. 

Fee for Certificate. — The county superintendent 
must in all cases require the payment of a fee of one dollar 
from every applicant for examination for a teacher's certifi- 



PUBLIC SCHOOL SYSTEM. 89 

cate, and for each renewal of a certificate. He must pay 
the money received in this way to the county treasurer, and 
give him also a list of the names of persons paying the fees. 
The county treasurer keeps account of such fees as a part 
of what is known as the " institute fund." 

Teachers' Institutes. — The county superintendent 
must hold, annually, a teacher's institute, which must con 
tinue in session at least five days. Two or more adjoining 
counties may hold an institute together. 

Instruction is free at such institutes to persons holding 
certificates good in the county, or counties, for which the 
institute is held, and also to those who have paid the re- 
quired fee and failed to receive certificates. All other per- 
sons must pay a registration fee of one dollar. The regis- 
tration fees are added to the institute fund, which is held 
subject to the order of the county superintendent, and is 
used only to defray the expenses of teachers' institutes. 

Visiting Schools. — Prior to 1885, tr.e county super- 
intendent visited schools only when directed to do so by the 
county board, or, in other words, the county board could 
pay him for visiting schools, or not, just as it pleased. As a 
rule, few superintendents visited schools more than a few 
days each year. 

Under the present law the county superintendent must 
visit every school in his county at least once a year. He is 
to spend at least one-half of the time given to his office in 
visiting ungraded schools. 

In counties having less than one hundred schools the 
county board may limit the time of the superintendent to a 
certain extent. In counties having not more than fifty 
schools, the limit cannot be less than one hundred fifty 
days ; in counties having from fifty-one to seventy-five 
schools (inclusive), not less than two hundred days; in coun- 
ties having from seventy-six to one hundred schools (inclu- 



90 ILLINOIS AND THE NATION. 

sive), not less than two hundred fifty days. Of course, 
in counties having more than one hundred schools, the su- 
perintendent is paid for his whole time. 

Bond. — The county superintendent gives a bond for a 
sum not less than $12,000, to be increased at the discretion 
of the county board, by whom it must be approved. 

Compensation. — He receives four dollars per day for 
the time actually spent in the performance of his duties, and 
one dollar a day additional for expenses for the time spent 
in visiting schools. 

Besides this, he receives three per cent, commission on 
the amount of sales of school lands, and two per cent, com- 
mission on all sums loaned, distributed, or paid out for the 
support of schools. 

TRUSTEES OF SCHOOLS. 

Election. — The business of the school township is done 
by three trustees, one of whom is elected on the second Sat- 
urday in April, annually. In cases where the boundaries of 
the school township coincide and are identical with the 
boundaries of the town, as established under the township 
organization laws, the election for school trustees is held at 
the same time as the annual town meeting. This is on the 
first Tuesday in April. 

If this is not clear to you, review what was said in the 
third chapter of this book about the school township, the 
town, and township organization. There is a great deal of 
mistiness in the popular mind regarding these divisions and 
their officers. Election tickets for the town officers are 
often headed, " Township Ticket," and the various officers 
of the town are called ''township officers." Remember 
that the only township officers elected by the people are three 
trustees of schools. 



PUBLIC SCHOOL SYSTEM. 91 

Are the trustees of schools in your township elected at 
the same time as your town officers ? 

Term. — School trustees are elected for three years. 

Meetings. — The trustees hold regular semi-annual 
meetings on the first Monday of April and October, and 
such special meetings as may be necessary. 

Appointment of Township Treasurer. — The 

board of trustees appoint one of their number president, 
and some resident of the town, who is neither a trustee nor 
a school director, township treasurer. 

Division of Township into Districts. — The board 
of trustees divide their township into a suitable number of 
districts for the convenience of a majority of its inhabitants. 

After districts have been formed, they may be changed 
by the trustees so as to divide or consolidate districts, to 
make a new district out of territory belonging to two or 
more districts, or to take territory from one district and 
add it to another. In such cases the trustees can act only 
upon the petition of a majority of the legal voters of each 
district affected, or of two-thirds of the voters in a certain 
territory when such territory is to be added to another dis- 
trict, or made into a separate district. In the latter case 
the territory must contain at least ten families. 

Distribution of Funds. — At the regular semi-annual 
meetings the trustees ascertain the amount of State, county 
and township funds on hand and subject to distribution, 
and apportion it among the several districts which have kept 
schools according to law, in proportion to the number of 
persons under twenty-one years of age. 

The amount apportioned to each district is placed to its 
credit on the treasurer's books, and is paid out upon the 
orders of the directors of the district. 

The township fund consists mainly of the proceeds of 



92 ILLINOIS AND THE NATION. 

the sale of the sixteenth section, and' the interest there- 
on. The interest only is apportioned to the districts. The 
principal must forever be loaned for the use of the town- 
ship. 

Examination of Accounts. — At their semi-annual 
meetings, and at other times, if they think proper, the 
board examines all books, notes, mortgages, and other 
papers belonging to the township, and sees that the funds 
are properly managed. 

Township High Schools. — The voters of the town- 
ship may elect to establish a township high school for the 
education of the more advanced pupils. In this case the 
trustees have charge of the school in all respects, the same 
as directors in case of district schools. 

Compensation. — The trustees of schools give no 
bonds, and receive no compensation for their services. In 
counties under township organization they are exempted 
from road labor and military duty. 

TOWNSHIP TREASURER. 

Clerk of Board of Trustees. — The township treas- 
urer is clerk of the board of trustees of his township. He 
keeps a record of all the official proceedings of the board. 

Report to County Superintendent. — As clerk of 
the board of trustees, he reports to the county superintendent 
such facts as the latter must report to the State superin- 
tendent. 

Care of Funds. — The township treasurer is custodian 
of the school money of the township and the several dis- 
tricts. 

It is his duty to keep the permanent school funds at in- 
terest. 

Semi- Annual Statement.— At each regular meeting 



PUBLIC SCHOOL SYSTEM. 93 

of the trustees he must present to them a full statement of 
the affairs of the township, and lay before them all papers 
pertaining to his office. 

Annual Exhibit. — He must annually make out a com- 
plete statement of the sums of money received, paid out, 
and on hand, with reference to the township and each 
school district, and present it to the trustees at their first 
meeting after the annual election. 

Statement to Districts. — Twice each year the town- 
ship treasurer must make out a statement for each district, 
giving an itemized statement of receipts and expenditures 
since the last report, and showing the sum of money to 
which the district is entitled at the time of the statement. 
This statement must be sworn to by. the treasurer and de- 
livered to the clerk of the board of directors for the district. 

Statement to County Superintendent. — The town- 
ship treasurer must make an annual statement, under oath, 
to the county superintendent, showing the exact condition 
of the township funds. 

Term. — The township treasurer is appointed for two 
years. 

Bond. — He gives a bond sufficient to cover all liabilities 
incurred. 

Compensation. — The compensation of the township 
treasurer is fixed by the board of trustees prior to his ap- 
pointment. 

SCHOOL DIRECTORS. 

Election.— Each school district has three directors, one 
being elected annually on the third Saturday in April at the 
district election. 

Election notices must be posted at least ten days before 
the election, stating the place of holding the election, the 



94 ILLINOIS AND THE NATION. 

time of opening and closing the polls, and the questions to 
be voted upon. 

The question of building a schoolhouse, moving one 
already built, extending school beyond nine months, and 
some other questions may be voted upon, if due notice has 
been given. 

Organization. — Within ten days after the annual elec- 
tion, the directors meet and organize by appointing one of 
their number president and another clerk. 

The president presides at the meetings, and executes the 
orders of the board. 

Record. — The clerk must keep a record of all the pro- 
ceedings of the board in a book provided for the purpose, 
and must submit the records to the inspection of the town- 
ship treasurer on the first Monday of April and of October. 

Reports. — The clerk must report to the township treas- 
urer on or before the seventh day of July, annually, such 
facts as the treasurer is required to report to the county 
superintendent. 

Statement to Voters. — The directors must present 
to the voters of the district at the annual election, a de- 
tailed statement of their receipts and expenditures, and a 
copy of this statement must be furnished the township 
treasurer within five days of the time of the election. 

Meetings. — The directors must have regular meetings 
at such times as they may designate, and may hold special 
meetings when necessary. 

No business can be legally transacted except at a regular 
or special meeting. 

Power to Levy Tax. — The directors may levy a tax 
not to exceed two per cent, for school, and three per cent, 
for building purposes, upon all the taxable property of the 
district. 



PUBLIC SCHOOL SYSTEM. 95 

The directors ascertain as nearly as they can the amount 
of money necessary to be raised by taxation in their district, 
and certify to the township treasurer on or before the first 
Tuesday in August, annually, that such an amount is needed. 

The directors first determine how much money will be 
needed for all purposes for the next year, and knowing from 
the treasurer's statement the amount of State, county and 
township funds due their district by apportionment, they are 
enabled to determine the amount necessary to be raised by 
special tax. 

School Year. — The directors establish and maintain 
for at least one hundred ten days of actual teaching a suffi- 
cient number of free schools for the accommodation of all 
children in the district over the age of six, and under the 
age of twenty-one years. 

Unless the school is kept at least one hundred ten days, 
the district cannot receive any of the State fund appor- 
tionment. 

Rules for the School. — The directors must adopt 
and enforce necessary rules and regulations for the proper 
management and government of the schools. 

Visiting Schools. — The directors must visit the 
schools from time to time as the good of the schools may 
require. 

Employment of Teachers.— The directors employ 
teachers, fix their salaries, and may dismiss them for incom- 
petency, cruelty, negligence, immorality, or other sufficient 
cause. 

Directors cannot legally employ a teacher unless he has 
a certificate from the county superintendent good for the 
whole time for which he is employed. 

Branches of Study. — They must direct what branches 
of study shall be taught, and what textbooks and apparatus 
shall be used. 



96 ILLINOIS AND THE NATION. 

They must enforce strict uniformity of textbooks, but 
changes in textbooks cannot be made oftener than once in 
four years. 

Schedules. — The directors must examine the schedules 
presented by the teacher, and certify to their correctness, if 
no mistakes be found in them. 

They must then give the teacher an order upon the 
township treasurer for his pay. 

The schedules must be delivered by the directors to the 
township treasurer on or before the seventh of July an- 
nually. 

Compulsory Education. — Any person having charge 
of any child between eight and fourteen years of age, must 
send such child to a public or private school not less than 
twelve weeks in each school year, unless the directors, for 
good cause, shall excuse him. 

Directors must enforce this provision. For neglecting 
to do so after being notified by a taxpayer of the district 
that some person has violated the provision, they are liable 
to a fine of ten dollars each if they do not enforce attend- 
ance within twenty days after receiving the notice. 

The person having charge of the child is liable to a fine 
of not less than five, nor more than twenty dollars for neg- 
lecting to comply with the law. 

Transfer of Pupils. — Pupils may be transferred from 
one district to another upon the written permission of the 
boards of directors of both districts. Such permits must be 
filed with the township treasurer. 

Compensation. — Directors give no bond and receive 
no compensation for their services. The directors may 
allow their clerk compensation for work actually performed. 

In counties under township organization, directors are 
exempt from road labor and military duty. 






PUBLIC SCHOOL SYSTEM. 97 

Boards of Education. — In each school district having 
not less than two thousand, nor more than one hundred 
thousand inhabitants, a board of education is elected. This 
board consists of six members and a president, who has no 
vote except in case of a tie. Three additional members are 
elected for every additional ten thousand inhabitants above 
two thousand. In each city of more than one hundred 
thousand inhabitants, a board of education, consisting of 
fifteen members, is appointed by the mayor with the consent 
of the city council. Prior to 1870 many cities obtained 
special charters for the government of their schools, and so 
form exceptions to the above provisions of the general law. 
7 



CHAPTER VIII. 
MISCELLANEOUS. 

BOARDS OF STATE INSTITUTIONS. 

Term, Appointment and Pay. — The terms of the 
members of all boards of State institutions, except the board 
of trustees of the Industrial Home for the Blind, are uni- 
form at six years ; with the exception of the trustees of the 
University of Illinois, they are all appointed by the Gov- 
ernor with the consent of the Senate; and with the excep- 
tion of the Penitentiary Commissioners, they receive only 
their traveling and personal expenses. 

STATE EDUCATIONAL INSTITUTIONS. 

Illinois State Normal University. — The oldest ed- 
ucational institution of the State is the Normal University, 
at Normal, McLean county. It was established in 1857. 
Its purpose is to prepare teachers for their work in the pub- 
lic schools of the State. The institution is under the control 
of the Board of Education of the State of Illinois. This 
board consists of fifteen members. The State Superintend- 
ent of Public Instruction is ex officio 3. member and secre- 
tary of the board. 

Southern Illinois Normal University. — This insti- 
tution was established in 1869. It is located at Carbondale, 
Jackson county. Its object is to qualify teachers for the 
schools of the State. The Southern Illinois Normal is con- 
trolled by. a board of trustees, five in number. 

(98) 



MISCELLANEOUS. 99 

University of Illinois. — This institution, located at 
Urbana, Champaign county, was established in 1867, under 
the name of Illinois Industrial University. The change to 
University of Illinois was made in 1885, the fact that the 
word industrial is applied to charitable and penal institutions 
being the principal reason for the change. 

In 1862 congress provided for the apportionment, to 
such of the States as should comply with certain provisions 
within five years, of an amount of public land equal to thirty 
thousand acres for each senator and representative in congress 
to which each State was entitled by the census of i860. One 
of the provisions of the grant was that there should be es- 
tablished in each State desiring to obtain an apportionment 
of land at least one college in which the leading object 
should be to teach such branches of learning as are related to 
agriculture and the mechanic arts. No part of the proceeds 
of the sale of such public lands can be used for the purchase, 
erection, or repair of "any building, but must be safely in- 
vested in stocks, the interest being used for the support and 
maintenance of the college. 

The present University of Illinois was established under 
the provisions of this act of congress. For several years it 
has been controlled by a board of trustees, eleven in num- 
ber. Three trustees were appointed from each supreme 
court grand division, and the Governor and the President of 
the State Board of Agriculture were ex officio members. In 
1887 a law was passed providing for the election by the 
people of nine trustees — three being elected every two years, 
the first election occurring in 1888. The State Superintend- 
ent was added to the ex officio members. 

STATE CHARITABLE INSTITUTIONS. 

Hospitals for the Insane.— Illinois has four hospitals 
for the insane. The Northern is located at Elgin, Kane 



100 ILLINOIS AND THE NATION. 

county; the Eastern, at Kankakee, Kankakee county; the 
Central, at Jacksonville, Morgan county; the Southern, at 
Anna, Union county. 

Each hospital, or asylum, as it is generally called, is un- 
der the control of a board of trustees, consisting of three 
members. 

Institution for the Deaf and Dumb.— This institu- 
tion is located at Jacksonville. It is maintained for the ed- 
ucation of the deaf and dumb. A board of trustees, three 
in number, has control of the institution. 

Institution for the Blind. — This institution is also 
at Jacksonville. It is under the control of a board of 
trustees of three members. 

Asylum for Feeble-Minded Children.— This asylum 
is located at Lincoln, Logan county. 

Its purpose is to fit feeble-minded children, as far as 
possible, for earning their own livelihood. It has a board 
of trustees, three in number. 

Eye and Ear Infirmary. — This infirmary is located 
at Chicago. Its object is to provide gratuitous board and 
medical treatment for all indigent residents of Illinois who 
are afflicted with diseases of the eye or ear. 

It was incorporated as a private charitable institution in 
1865, became a State institution in 1871, was burned at the 
time of the great Chicago fire, and was rebuilt in 1873. 

There are three members of the board of trustees which 
controls the institution. 

Soldiers* Orphans* Home.— This Home for the ed- 
ucation of the orphans of Union soldiers is at Noimal. It 
was established in 1865, and is under the control of a board 
of trustees, three in number. 

Soldiers' and Sailors' Home.— This institution, es- 
tablished in 1885, is at Quincy, Adams county. Its purpose 



I 



MISCELLANEOUS. 101 

is to provide a home and subsistence for such honorably dis- 
charged ex-soldiers and sailors, residents of Illinois, who 
from age or other cause are unable to maintain themselves, 
and yet, under the existing laws, cannot be admitted to one 
of the National homes. 

A board of three trustees has charge of this Home. 

Illinois Industrial Home for the Blind.— An act 
passed in 1887 provides for an industrial home designed to 
promote the welfare of the blind by teaching them trades 
and affording them such employment as will best tend to 
make them self-supporting. Cook county is given as the lo- 
cation. 

The industrial home is under the control of five trustees 
who are appointed by the Governor, with the consent of the 
Senate, for two years. 

STATE PENAL AND REFORMATORY INSTITU- 
TIONS. 

Illinois State Penitentiary. — This institution is locat- 
ed at Joliet, Will county. It is under the control of aboard 
of commissioners. The commissions meet at the peniten- 
tiary once a month for the purpose of inspecting it, and re- 
ceiving the reports of the warden and other officers. » They 
make a biennial report to the Governor, 

Each commissioner must give a bond for $25,000, and 
his salary is $1,500 a year. 

Southern Illinois Penitentiary. — This penitentiary is 
located at Chester, Randolph county. It is controlled by a 
board of commissioners similar to that for the penitentiary 
at Joliet. 

Convict Labor. — In 1886 an amendment to the State 
constitution was adopted, prohibiting the letting by contract 
to any person or corporation the labor of any convict 



102 ILLINOIS AND THE NATION. 

confined within any penal or reformatory institution of 
the State. 

The State now furnishes the tools, machinery and ma- 
terials necessary to keep all the convicts employed, and 
offers for sale the products of their labor. 

State Reform School. — This school is located at Pon- 
tiac, Livingston county. It is for the confinement, educa- 
tion and reformation of boys between the ages of ten and 
sixteen, who have been convicted of crimes, which, if com- 
mitted by an adult, would be punishable with imprisonment 
in the county jail or the penitentiaries. 

The reform school is managed by a board of trustees, 
three in number, who receive traveling expenses while on 
necessary business of the institution. 

STATE BOARDS. 

Commissioners of State Contracts.— The Secre- 
tary of State, Auditor, Treasurer, and Attorney-General 
are, ex officio, commissioners of State contracts. They have 
charge of the letting of State contracts, such as those for 
fuel, stationery, and printing. 

Printer Expert. — The Governor appoints a practical 
printer, who has had at least six years' experience, to assist 
these commissioners in letting the State printing by esti- 
mating the amount of work to be done and the paper 
needed, etc. He receives $6 for each day of actual service. 

State Board of Health. — The State board of health 
was created by law in 1877. The board consists of seven 
members, appointed for seven years. 

It is the duty of the board to prevent the introduction 
of contagious diseases into the State. They have power to 
quarantine when necessary. 

The board also grants certificates authorizing competent 
persons to practice medicine within the State. 



MISCELLANEOUS. 103 

The members of this board receive only their expenses. 

Returning Board.— The Secretary of State, Auditor, 
Treasurer, and Attorney-General constitute what is called 
the State Returning Board. They, or any two of them, within 
twenty days after every general election, must, in the pres- 
ence of the Governor, canvass the election returns made 
by the several county clerks, so as to determine who has the 
highest number of votes for each office. 

State Board of Equalization. — The board consists 
of one member, elected by the people, from each congres- 
sional district, and the Auditor of Public Accounts. The 
board meets annually at the State capital on the second 
Tuesday in August. 

It is the duty of the board to examine the assessments 
of taxes from the different counties, and so to equalize 
them that no county shall be assessed too much or too little. 

The members receive $5 a day for the time actually em- 
ployed, and a mileage of ten cents for each mile of neces- 
sary travel. Their term is four years. 

State Board of Agriculture.— The members of this 
board are a president, one vice-president from each con- 
gressional district in the State, and the last ex-president of 
the board. The board is elected on the State fair grounds 
on the first Wednesday of the fair, biennially in even num- 
bered years, by delegates from the several counties. The 
delegates are appointed by the agricultural societies of 1 
their respective counties, or by the county board, if there 
be no such society in the county. 

The board has charge of the State department of ag- 
riculture, and of the State fairs and stock shows. 

Canal Commissioners.— The canal commissioners, 
three in number, are appointed by the Governor, with the 
consent of the Senate, for two years. They are to be "dis- 
creet and skillful persons," and have general control of the 



104 ILLINOIS AND THE NATION. 

Illinois and Michigan canal, and the locks, dams and other 
improvements of the navigation of the Illinois and Little 
Wabash Rivers. 

The treasurer gives a bond for $50,000, and the other 
members for $25,000. Each commissioner receives $5 a 
day for the time actually employed. 

Railway and Warehouse Commission. — This 
board consists of three commissioners, appointed by the 
Governor, with the consent of the Senate, for two years. 
The commissioners examine into the condition of all rail- 
ways and public warehouses in the State, and see that they 
are managed according to law, and for the accommodation 
and security of persons doing business with them. 

Each commissioner gives a bond for $20,000, and receives 
a salary of $3,500 a year. 

Grain Inspectors. — A chief grain inspector is ap- 
pointed by the Governor, with the consent of the Senate, for 
two years. He has general supervision of the inspection of 
grain in warehouses, and acts under the advice and imme- 
diate direction of the railway and warehouse commission. 
He gives a bond for $50,000, and receives a salary fixed by 
the commission. 

The chief grain inspector nominates a suitable number 
of persons for assistant inspectors, and the railway and ware- 
house commissioners are authorized to make such appoint- 
ments, and to fix the salaries of the assistants. The assist- 
ant inspectors give bonds for $5,000. 

State Weigh-Masters. — In all cities where there is 
State inspection of grain, the railway and warehouse com- 
missioners appoint a State weigh-master and such assistants 
as may be necessary. 

The State weigh-master and his assistants have exclusive 
control of the weighing of grain and other property which 



MISCELLANEOUS. 105 

may be subject to inspection. They also inspect the scales 
used in weighing such property. 

The pay of the State weigh-master and his assistants is 
fixed by the railway and warehouse commission. 

Commissioners of Public Charities.— The board of 
State commissioners of public charities consists of five mem- 
bers appointed by the Governor, with the consent of the 
Senate, for five years. 

The commissioners, or some one of them, must visit, at 
least twice a year, all the charitable and correctional insti- 
tutions of the State. They make an annual report to the 
Governor, giving the results of their investigations and such 
suggestions as they may deem proper. 

These commissioners give no bond, and receive no pay 
except traveling expenses. 

Bureau of Labor Statistics. — This bureau consists 
of five commissioners appointed by the Governor, with the 
consent of the Senate, for two years. Three of the com- 
missioners must be manual laborers, and the other two man- 
ufacturers or employers of labor in some productive indus- 
try. The commissioners collect statistics relating to labor 
and the laboring classes, and present them in their biennial 
report to the General Assemblies. 

They receive $5 a day for thirty days, annually, besides 
traveling, incidental and office expenses. They appoint 
a secretary at a salary of $1,200 a year. 

Fish Commissioners. — These commissioners, three 
in number, are appointed by the Governor, with the consent 
of the Senate, for three years. 

It is their duty to select suitable locations for State fish 
hatching and breeding establishments, to take measures for 
the propagation and increase of native food fishes, and for 
the introduction of new varieties of food fishes into the pub- 
lic waters of the State. 



106 ILLINOIS AND THE NATION. 

The commissioners may employ a fish culturist as super- 
intendent of all fish establishments. They are allowed ex- 
penses not to exceed $300 per annum for the entire board. 

Commissioners of State Library. — The Governor, 
Secretary of State, and State Superintendent of Public In- 
struction are, ex officio, commissioners of the State library. 
•The Secretary of State is librarian. This library is for the 
use of the State officers. 

The above named officers are also trustees of the State 
historical library and natural history museum. The museum 
and library are now located at Springfield. 

Lincoln Homestead Trustees. — The Governor, 
Secretary of State, Auditor, Treasurer and Superintendent 
of Public Instruction constitute a board of trustees to hold 
in trust for the State of Illinois, the Lincoln homestead in 
Springfield. The public now have free access to the home- 
stead. 

Live Stock Commissioners. — A board of live stock 
commissioners, consisting of three practical stock breeders, 
is appointed by the Governor, with the consent of the Sen- 
ate, for three years. 

It is the duty of this board to cause to be investigated 
all cases, real or alleged, that may come to its knowledge 
of contagious or infectious diseases among domestic ani- 
mals. The board has power to quarantine all premises 
where disease exists, or has recently existed, together with 
all exposed premises. It has power to order the slaughter 
of all such animals as have been exposed to any contagious 
disease. The State Veterinarian and his assistants act 
under the direction of this board. 

The board reports annually to the Governor a full state- 
ment of its transactions and expenditures, and recommends 
the payment of such damages for the slaughter of animals 
as it shall deem proper. 



MISCELLANEOUS. 107 

The members of the live stock commission receive their 
necessary traveling and incidental expenses. 

Officers for the Prevention of Cruelty to Ani- 
mals. — The Governor, with the consent of the Senate, ap- 
points one officer in the town of Lake in Cook county, one 
for East St. Louis, and one for Peoria, to enforce the laws 
for the prevention of cruelty to animals. They are espe- 
cially to see that stock in stock yards or at distilleries, brew- 
eries, or other places where stock is kept, are properly fed 
and cared for, and that stock receive the full amount of 
feed for which the owner or shipper is charged. 

These officers report quarterly to the Governor. Their 
term is two years, and they receive salaries not to exceed 
$1,200 a year. 

Inspectors of Coal Mines. — The Governor, upon 
the recommendation of a board of examiners selected by 
the bureau of labor statistics, appoints five properly quali- 
fied persons to the offices of inspectors of coal mines. 
These inspectors devote their whole time to the inspection 
of coal mines, taking care that every necessary precaution 
is taken to insure the health and safety of miners. 

The inspectors give bonds for $5,000, and receive sala- 
ries of $1,800 a year. 

State Horticultural Society.— This society em- 
braces the northern, central, and southern district horticul- 
tural societies of this State. It is controlled by an execu- 
tive board consisting of the president and secretary of the 
State society and the president and one vice-president of 
each district society. The board has the sole care and dis- 
posal of certain funds appropriated by the legislature for 
the promotion of the interests of gardening and tree culture 
in this State. 

The board holds biennial meetings, and reports its 
transactions to the governor. 



108 ILLINOIS AND THE NATION. 

Board of Pharmacy. — The Governor, with the consent 
of the Senate, appoints competent persons to constitute a 
board of pharmacy. The members of this board are rec- 
ommended to the governor by the Illinois Pharmaceutical 
Association, and must be persons of at least ten years' 
practical experience in the dispensing of physicians' pre- 
scriptions. They are appointed for five years. 

It is the duty of this board to examine all applications 
made by persons who desire to become registered pharma- 
cists, or registered assistant pharmacists, and to grant certi- 
ficates of registration to such persons as are legally quali- 
fied to receive such certificates. 

The board makes an annual report of its transactions to 
the Governor. The members choose one of their number 
president, and another secretary. 

The secretary receives a salary fixed by the board. The 
other members receive $5 a day for the time actually em- 
ployed. All receive necessary traveling and incidental 
expenses. 

OFFICERS APPOINTED BY THE GOVERNOR. 

State Veterinarian. — The Governor appoints a State 
veterinarian who acts under the direction of the live stock 
commission. He may, with the consent of the commission, 
appoint as many assistants as may be necessary. 

The State veterinarian receives $8 a day for the time 
actually employed, together with all necessary traveling 
expenses. 

Chicago Justices of the Peace. — The Governor, 
with the consent of the Senate, appoints nineteen justices 
of the peace for the city of Chicago. These have the same 
duties and pay as other justices of the peace. They are 
appointed upon the recommendation of the judges of the 
circuit, superior and county courts of Cook county. 



MISCELLANEOUS. 109 

Notaries Public. — The Governor, with the consent of 
the Senate, may appoint as many notaries public as he ma\- 
deem necessary, but no person can be appointed except upon 
petition of at least fifty legal voters of the city, village, town 
or precinct for which he is appointed. 

Notaries public are appointed for four years. They have 
authority to administer oaths, take depositions, take acknowl- 
edgment of such instruments as deeds and mortgages. 

A deposition is the written testimony of a witness sworn 
to before a proper officer. Depositions are received in courts 
as evidence. 

Commissioners of Deeds. — The Governor of this 
State may appoint commissioners of deeds in other States, 
in the Territories, and in foreign states. These commis- 
sioners have power to take acknowledgment of deeds and 
other instruments, and to take depositions. Their official 
acts have the same effect as if they had been done by an 
officer residing within the State. 

Public Administrators. — The Governor, with the 
consent of the Senate, must appoint in each county of the 
State a public administrator, whose duty it is to act as ad- 
ministrator of the estates of deceased persons having no 
relative or creditor within the State who will act as admin- 
istrator. 

Superintendent of the Banking Department. — 

This officer is appointed by the Governor, with the consent 
of the Senate, for four years. The superintendent has gen- 
eral supervision of the savings banks of the State. He or 
his assistants examine every savings bank in the State at 
least once in two years. He receives detailed reports from 
the trustees of every savings bank on or before the first day 
of November, annually. It is his duty to make a statement 
to the legislature of the condition of every savings bank on 
or before the first day of February of each assembly year. 



110 ILLINOIS AND THE NATION. 

The superintendent of the banking department gives a 
bond for $10,000, and receives a salary of $2,000 a year. 

State Entomologist. — This officer is appointed by 
the Governor, with the consent of the Senate, for two years. 
He is a competent and scientific person, and devotes his 
time to investigating the entomology of Illinois, and partic- 
ularly in studying the history of insects injurious to the gar- 
dener and the farmer. He collects and preserves a cabinet 
to be deposited with the University of Illinois. 

The State entomologist prepares for publication an an- 
nual report of his researches and discoveries in entomology. 

State Geologist. — This officer, who is also curator of 
the State historical library and natural history museum, is 
appointed by the board of trustees of the library and mu- 
seum. His term of office is not defined by the statute. 

It is his duty to make a geological survey of the State 
and to publish a report of his work, annually; also to collect 
and preserve a complete set of the specimens of the geology 
of Illinois. 

He receives for his services as geologist and curator the 
sum of $2,000 a year. 

THE STATE MILITIA. 

Citizen Soldiers. — The militia, or, as it is sometimes 
called, the citizen soldiery of the State, consists of all able- 
bodied men residing within the State, who are between the 
ages of eighteen and forty-five. Certain persons, however, 
are exempted from military duty by the laws of the United 
States or of this State. 

While all the able-bodied men, with a few exceptions, 
are liable to be called upon to bear arms, only those who 
have voluntarily formed themselves into organized compa- 
nies and regiments are called out by the Governor so long 
as these are sufficient in number. 






MISCELLANEOUS. HI 

All officers of the militia are commissioned by the Gov- 
ernor. The Governor himself is commander-in-chief. 

Adjutant-General. — The chief officer of the militia, 
next to the commander-in-chief, is the adjutant-general. 
The Governor issues his orders to the militia through the 
adjutant-general. His pay is $3,000 a year. 

ILLINOIS CENTRAL RAILROAD. 

Authorized by Congress. — In 1850, through the ef- 
forts of Stephen A. Douglas, a bill was passed by congress 
granting to the State of Illinois the right of way through the 
public lands for the construction of the Illinois Central 
railroad. This road was to extend from the southern ter- 
minus of the Illinois and Michigan canal to a point at or 
near the junction of the Ohio and Mississippi Rivers, with a 
branch to Chicago, and another by way of Galena, in Illi- 
nois, to Dubuque, in Iowa. 

To aid in the construction of the railroad, congress also 
gave to the State every alternate section of land designated 
by even numbers, for six sections in width on each side of 
the road and its branches. 

The road was to be completed within ten years from the 
passage of the act granting the right of way and the public 
land. 

Charter from the State.— In 1851 the General As- 
sembly of the State gave to a corporation known as the 
Illinois Central Railroad company, a deed of trust for all 
the lands received from congress, on the condition that the 
company should build the road and its branches within a 
specified time, and pay into the State treasury on the first 
Monday of December and June of each year seven per cent, 
of the gross earnings of the company. The first payment 
was to be made in four and six years on the road and its 



112 ILLINOIS AND THE NATION. 

branches respectively, or when completed, if before the 
times named. 

This railroad brought about an immediate settlement of 
the State, and the semi-annual income derived from it has 
made State taxes comparatively light, and has enabled us 
to free our State from debt. 

The annual income from this railroad is about $400,000. 

The new constitution provides that the Illinois Central 
Railroad shall never be in any way released from its obliga- 
tions to the State, and that, after the State debt is paid, the 
money received from it shall be used only for the ordinary 
expenses of the State. 

ILLINOIS AND MICHIGAN CANAL. 

Authorized by Congress. — In the year 1822 Congress 
granted to the State of Illinois for the purpose of joining 
the Illinois River and the head of Lake Michigan, the right 
of way for the construction of the Illinois and Michigan 
canal. About the time the grant was made, a survey of 
the route was made by engineers employed by the State. 
It was estimated that the canal would cost $640,000. 

In 1827 another act was passed by Congress granting to 
the State of Illinois the alternate sections of the public 
lands for five miles on each side of the canal and along its 
entire route. The canal was to be begun within five years 
and completed within twenty years. 

Legislative Acts. — In 1825 a company was incor- 
porated by the State legislature for the purpose of con- 
structing the canal, but sufficient stock was not subscribed. 
In 1829 an attempt was made to begin the work under a 
new law, but with little success. A new survey of the route 
was made and some of the land of the grant of 1827 was 
sold. Chicago and Ottawa were laid out at this time. A 
subsequent attempt to raise the necessary funds by a loan 



MISCELLANEOUS. 113 

upon the pledge of the canal lands proved a failure. 
Finally, in 1835, a loan of half a million dollars upon the 
credit of the State was effected, and the real beginning of 
the construction of the canal was made in the summer of 
the next year. A little later a loan of $4,000,000 was au- 
thorized for the completion of the canal. It is 102 miles 
long, and cost $8,654,337. 

CONGRESSIONAL DISTRICTS OF ILLINOIS. 

First. — The first, second, third and fourth wards in 
Chicago, and the towns Riverside, Hyde Park, Lake, Ly- 
ons, Calumet, Worth, Palos, Lemont, Thornton, Bremen, 
Orland, Bloom, in the county of Cook. 

Second. — The fifth, sixth and seventh wards of Chi- 
cago, and that part of the eighth ward which lies south of 
the center of Polk street and of Macallister place. 

Third. — The ninth, tenth, eleventh, twelfth, thirteenth, 
and fourteenth wards of Chicago, and that part of the eighth 
ward which lies north of the center of Polk street and of 
Macallister place. 

Fourth. — The fifteenth, sixteenth, seventeenth, and 
eighteenth wards of Chicago, and the towns of Lake View, 
Jefferson, Leyden, Norwood Park, Evanston, Niles, Maine, 
Elk Grove, Schaumberg, Hanover, New Trier, Northfield, 
Wheeling, Palatine, Barrington, Cicero, and Proviso, in the 
county of Cook. 

Fifth.— Lake, McHenry, Boone, DeKalb, and Kane 
counties. 

Sixth.— Winnebago, Stephenson, Jo Daviess, Ogle, and 
Carroll counties. 

Seventh.— Lee, Whiteside, Henry, Bureau, and Putnam. 

Eighth.— La Salle, Kendall, Grundy, Will, and Du 
Pa°:e. 



114 ILLINOIS AND THE NATION. 

Ninth. — Kankakee, Iroquois, Ford, Livingston, Wood- 
ford, and Marshall. 

Tenth. — Peoria, Knox, Stark and Fulton. 
Eleventh. — Rock Island, Mercer, Henderson, Warren, 
Hancock, McDonough, and Schuyler. 

Twelfth. — Cass, Brown, Adams, Pike, Scott, Greene, 
Jersey, and Calhoun. 

Thirteenth. — Tazewell, Mason, Menard, Sangamon, 
Morgan, and Christian. 

Fourteenth. — McLean, De Witt, Piatt, Macon, and 
Logan. 

Fifteenth. — Coles, Edgar, Douglas, Vermilion, and 
Champaign. 

Sixteenth. — Cumberland, Clark, Jasper, Crawford, 
Clay, Richland, Lawrence, Wayne, Edwards, and Wabash. 

Seventeenth — Macoupin, Montgomery, Shelby, Moul- 
trie, Effingham, and Fayette. 

Eighteenth. — Bond, Madison, St. Clair, Monroe, and 
Washington. 

Nineteenth. — Marion, Clinton, Jefferson, Franklin, 
Hamilton, White, Saline, Gallatin, and Hardin. 

Twentieth. — Perry, Randolph, Jackson, Williamson, 
Union, Johnson, Pope, Alexander, Pulaski, and Massac. 

SENATORIAL DISTRICTS. 

First. — The ninth and tenth wards of Chicago, and 
that part of the eleventh ward north of the center line of 
Van Buren street. 

Second. — That part of the fourth ward of Chicago 
south of the center line of Twenty-ninth street, and the 
towns of Hyde Park and Lake, in the county of Cook. 



MISCELLANEOUS. 115 

Third.— The first, second and third wards of Chicago, 
and that part of the fourth ward north of the center line of 
Twenty-ninth street. 

Fourth.— That part of the eighth ward north of the 
center line of Taylor street, and that part of the eleventh 
ward south of the center line of Van Buren street, and the 
twelfth ward of Chicago. 

Fifth.— That part of the sixth ward west of the center 
line of Throop street, the seventh ward, and that part of the 
eighth ward south of the center line of Taylor street in 
Chicago. 

Sixth. — The eighteenth ward, that part of the sixteenth 
ward east of the center line of Sedgwick street, and the 
fifteenth ward of Chicago, and the towns of Lake View and 
Evanston, in Cook county. 

Seventh. — The towns of New Trier, Xorthfield, Wheel- 
ing, Palatine, Barrington, Hanover, Schaumberg, Elk Grove, 
Maine, Niles, Jefferson, Norwood Park, Leyden, Proviso, 
Cicero, Riverside, Lyons, Lemont, Palos, Worth, Calumet, 
Thornton, Bremen, Orland, Rich and Bloom in the county 
of Cook. 

Eighth. — Lake, McHenry and Boone county. 

Ninth. — The thirteenth ward, and all of the fourteenth 
ward except that portion thereof lying east of a line drawn 
from a point where the center line of Milwaukee avenue inter- 
sects the center line of Ohio street, northwest along said 
center line of Milwaukee avenue to the center line of Ashland 
avenue, thence north along the center line of Ashland av- 
enue to the center line of Clybourne place, thence north- 
easterly along the center line of Clybourne place to the 
north branch of Chicago River, in the city of Chicago. 

Tenth. — The counties of Winnebago and Ogle. 



116 ILLINOIS AND THE NATION. 

Eleventh. — The fifth ward, and that part of the sixth 
ward east of the center of Throop street, in Chicago. 

Twelfth. — Jo Daviess, Stephenson and Carroll counties. 

Thirteenth: — That part of the fourteenth ward lying 
east of a line drawn from the intersection of the center line 
of Milwaukee avenue with the center line of Ohio street, 
northwest along the center line of said Milwaukee avenue 
to the center of Ashland avenue, thence north along the 
center line of Ashland avenue to the center line of Clybourne 
place, thence northeasterly along the center line of Cly- 
bourne place to the north branch of the Chicago River; that 
part of the sixteenth ward west of the center line of Sedg- 
wick street, and the seventeenth ward, in the city of Chi- 
cago. 

Fourteenth. — Kane and Du Page counties. 

Fifteenth.— Will. 

Sixteenth. — Kankakee and Iroquois. 

Seventeenth. — DeKalb, Kendall, and Grundy. 

Eighteenth. — Livingston and Ford. 

Nineteenth. — Whiteside and Lee. 

Twentieth. — Marshall, Woodford, and Tazewell. 

Twenty-First. — Rock Island and Henry. 

Twenty-Second. — Knox and Fulton. 

Twenty-Third. — La Salle. 

Twenty-Fourth. — Hancock, Henderson and Mercer. 

Twenty-Fifth. — Bureau, Stark, and Putnam. 

Twenty-Sixth. — Peoria county. 

Twenty-Seventh. — Warren, McDonough. 

Twenty-Eighth.— McLean. 

Twenty-Ninth. — Logan and Macon. 

Thirtieth.— Champaign, Piatt and DeWitt. 



MISCELLANEOUS. 117 

Thirty-First. — Vermilion and Edgar. 
Thirty-Second.— Douglas, Coles, and Cumberland. 
Thirty-Third.— Moultrie, Shelby, Effingham. 
Thirty-Fourth. — Mason, Menard, Cass and Schuyler. 
Thirty-Fifth. — Adams. 
Thirty-Sixth. — Brown, Pike and Calhoun. 
Thirty-Seventh. — Scott, Greene and Jersey. 
Thirty-Eighth. — Macoupin and Morgan. 
Thirty-Ninth. — Sangamon. 
Fortieth. — Christian and Montgomery. 
Forty-First. — Madison. 

Forty-Second. — Bond, Clinton and Washington. 
Forty-Third. — Fayette, Marion and Jefferson. 
Forty-Fourth. — Clay, Richland, Wayne and Edwards. 
Forty-Fifth. — Clark, Jasper and Crawford. 

Forty-Sixth. — Hamilton, White, Wabash and Law- 
rence. 

Forty-Seventh.— St. Clair. 

Forty-Eighth. — Monroe, Randolph and Perry. 

Forty-Ninth. — Saline, Gallatin, Hardin, Pope and 
Massac. 

Fiftieth. — Jackson, Union and Alexander. 

Fifty-First. — Franklin, Williamson, Johnson and Pu- 
laski. 

GRAND DIVISIONS OF THE SUPREME COURT. 

Southern Grand Division. — Counties of Alexander, 
Bond, Clay, Clinton, Crawford, Edwards, Effingham, Fay- 
ette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, 
Jefferson, Johnson, Lawrence, Madison, Marion, Massac, 



118 ILLINOIS AND THE NATION. 

Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, 
St. Clair, Union, Wabash, Washington, Wayne, White and 
Williamson. 

Central Grand Division, — Counties of Adams, Brown, 
Cass, Calhoun, Champaign, Christian, Clark, Coles, Cum- 
berland, DeWitt, Douglas, Edgar, Ford, Fulton, Greene, 
Hancock, Jersey, Logan, Macon, Macoupin, Mason, Mc- 
Donough, McLean, Menard, Montgomery, Morgan, Moul- 
trie, Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Taze- 
well, and Vermilion. 

Northern Grand Division. — Counties of Boone, Bu- 
reau, Carroll, Cook, De Kalb, Du Page, Grundy, Hender- 
son, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Ken- 
dall, Knox, Lake, La Salle, Lee, Livingston, Marshall, Mc- 
Henry, Mercer, Ogle, Peoria, Putnam, Rock Island, Stark, 
Stephenson, Warren, Whiteside, Will, W T innebago, and 
Woodford. 

ELECTION DISTRICTS OF SUPREME COURT. 

First District. — Counties of St. Clair, Clinton, Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, Ham- 
ilton, Franklin, Perry, Randolph, Monroe, Jackson, Wil- 
liamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, 
Alexander, Pulaski and Massac. 

Second District. — Counties of Madison, Bond, Marion, 
Clay, Richland, Lawrence, Crawford, Jasper, Effingham, 
Fayette, Montgomery, Macoupin, Shelby, Cumberland, 
Clark, Greene, Jersey, Calhoun and Christian. 

Third District. — Counties of Sangamon, Macon, Lo- 
gan, De Witt, Piatt, Douglas, Champaign, Vermilion, Mc- 
Lean, Livingstone, Ford, Iroquois, Coles, Edgar, Moultrie 
and Tazewell. 

Fourth District. — Counties of Fulton, McDonough, 



MISCELLANEOUS. 119 

Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, 
Morgan, Cass and Scott. 

Fifth District. — Counties of Knox, Warren, Hender- 
son, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bu- 
reau, La Salle, Grundy and Woodford. 

Sixth District. — Counties of Whiteside, Carroll, Jo 
Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, 
Kendall, De Kalb, Lee, Ogle and Rock Island. 

Seventh District. — Counties of Lake, Cook, Will, Kan- 
kakee and Du Page. 

APPELLATE COURT DISTRICTS. 

First District. — Cook county. 

Second District. — The counties embraced in the north- 
ern grand division of the supreme court, excepting Cook 
county. 

Third District.— The counties embraced within the 
central grand division of the supreme court. 

Fourth District. — The counties embraced within the 
southern grand division of the supreme court. 

CIRCUIT COURTS. 

First Circuit. — Counties of Franklin, Saline, William- 
son, Jackson, Union, Johnson, Pope, Hardin, Massac, Pu- 
laski and Alexander. 

Second Circuit.— Counties of Cumberland, Effingham, 
Clay, Jasper, Richland, Lawrence, Crawford, Jefferson, 
Wayne, Edwards, Wabash, White, Hamilton and Gallatin. 

Third Circuit.— Counties of Bond, Madison, St. Clair, 
Marion, Clinton, Washington, Randolph, Monroe and Perry. 

Fourth Circuit.— Counties of Vermilion, Edgar, Clark, 
Coles, Douglas, Champaign, Piatt, Moultrie and Macon. 



120 ILLINOIS AND THE NATION. 

Fifth Circuit. — Counties of Sangamon, Macoupin, 
Christian, Montgomery, Fayette and Shelby. 

Sixth Circuit. — Counties of Hancock, Adams, Fulton, 
McDonough, Schuyler, Brown and Pike. 

Sevenh Circuit, — Counties of De Witt, Logan, Menard, 
Mason, Cass, Morgan, Scott, Greene, Jersey and Calhoun. 

Eighth Circuit. — Counties of Putnam, Marshall, Wood- 
ford, Tazewell, Peoria and Stark. 

Ninth Circuit — Counties of Bureau, La Salle, Will and 
Grundy. 

Tenth Circuit. — Counties of Rock Island, Mercer, 
Henry, Henderson, Warren and Knox. 

Eleventh Circuit. — Counties of McLean, Ford, Kan- 
kakee, Iroquois and Livingston. 

Twelfth Circuit. — Counties of Boone, De Kalb, Mc- 
Henry, Lake, Kane, Du Page and Kendall. 

Thirteenth Circuit. — Counties of Jo Daviess, Stephen- 
son, Winnebago, Carroll, Whiteside, Ogle and Lee. 
There is also a circuit in Cook county. 



CHAPTER IX. 
NATIONAL GOVERNMENT. 

HISTORICAL SKETCH. 

Declaration of Independence. — July 4,1776, the date 
of the adoption of the Declaration of Independence, may 
be regarded as the beginning of our national existence. 

In this connection, review the United States history suf- 
ficiently to understand the need and the nature of the 
Declaration of Independence. 

Articles of Confederation. — Immediately after the 
Declaration of Independence, a plan was proposed for the 
union of the States. This plan, however, was not adopted. 

In 1777 the Articles of Confederation were agreed to 
by congress, and were to be in force when ratified by all of 
the States. Ten States ratified them the next year, but the 
remaining States failed to do so promptly. Indeed, Mary- 
land withheld her ratification until 1781, nearly five years 
after the Declaration of Independence, and about six 
months before the surrender of Cornwallis, which surrender 
practically closed the Revolutionary War. 

The Articles of Confederation were faulty in many par- 
ticulars. So insufficient were they that a convention was 
called to meet at Philadelphia in May, 1787, for the purpose 
of revising them. 

This convention was attended by delegates from every 
State except Rhode Island. 

The Constitution. — The Articles were found to be 

(121) 



122 ILLINOIS AND THE NATION. 

faulty in theory as well as in practice, and after considera- 
ble discussion, the convention decided to abandon them, 
and prepare a constitution on another plan. The result was 
the present constitution, which was reported to Congress, 
together with a recommendation that it be submitted for 
ratification by conventions held in the several States for the 
purpose. The constitution was submitted as recommended, 
and was ratified by eleven States in 1787. North Carolina 
and Rhode Island did not ratify it until 1790. 

The ratification of nine States was necessary to give 
effect to the constitution. It went into operation on the 
first Wednesday in March, 1787. As this was the fourth 
of March, the terms of the presidents begin on that day. 
On account of various delays, however, Washington was 
not inaugurated the first time until April 30, 1787. 

LEGISLATIVE DEPARTMENT. 

Congress. — The legislative power of the national 
government is vested in a congress which consists of two 
houses, the Senate and House of Representatives. 

Meetings of Congress. — Congress meets each year 
on the first Monday in December. 

Extra sessions of Congress, or of either house, may be 
called by the President upon extraordinary occasions. 

House of Representatives. — The House of Repre- 
sentatives, or the " lower house," is composed of members 
elected by the people of the several States. The members 
are elected for two years. 

Eligibility of Members. — Representatives must be at 
least twenty-five years of age. 

No person can be a Representative who has not been for 
seven years a citizen of the United States, and who is not, 
when elected, an inhabitant of the State from which he is 
chosen. 



NATIONAL GOVERNMENT. 123 

Each Territory has one representative. He may speak 
upon any question relating to his Territory; but he has no 
vote. 

Congressional Apportionments.— After the taking 
of the census every ten years, Congress determines how 
many members of the House of Representatives there shall 
be for the ensuing ten years. At present there are three 
hundred and twenty-five members. 

The number representing the population of the United 
States is divided by the number of representatives, and the 
quotient shows the number of people entitled to one repre- 
sentative. The number is called the " congressional ratio." 
The number representing the population of each State is 
then divided by the congressional ratio, and the quotient 
gives the number of representatives to which the State is 
entitled. The State is then divided by its legislature into 
as many congressional districts as there are representa- 
tives to be elected in that State, and each district chooses 
one representative. 

It is evident that in dividing the number representing 
the population of each State by the congressional ratio, 
fractions will occur in nearly every case, and that the 
sum of the integral quotients will be less than three hun- 
dred and twenty-five, or the required number. This is rem- 
edied by giving to the States having the largest fractions 
one additional representative each, until three hundred and 
twenty-five, or the required number, are provided for. 

What is the congressional ratio at present ? To how 
many representatives is Illinois entitled? In what con- 
gressional district do you live ? Who is representative from 
your district ? When was he elected ? 

Officers. — The House of Representatives elects its 
Speaker and other officers. 

Besides the Speaker, the House has a clerk, sergeant-at- 
arms, doorkeeper, postmaster, and chaplain. 



124 ILLINOIS AND THE NATION. 

Aside from his other duties, the clerk, who is usually an 
ex-member of congress, calls the House to order at the be- 
ginning of the next congress, and presides until a Speaker 
is elected. 

The duties of the other officers may be inferred from 
their names. 

Review the duties of the officers of the House of Repre- 
sentatives in the State legislature. 

Impeachment. — The House of Representatives has 
the sole power of impeachment. 

The discussion of impeachment given under the legisla- 
tive department of the State will apply so well here that 
nothing further will be given. 

Bills for Revenue. — All bills for raising revenue must 
originate in the House of Representatives. 

This provision was made because the members of the 
House are the direct representatives of the people who pay 
the taxes. 

Senate. — The Senate is composed of two senators from 
each State. They are elected by the legislatures of the sev- 
eral States, and are in office six years. 

Who are the present Senators from Illinois? 

Eligibility of Senators. — No person can be a senator 
who has not attained the age of thirty years, and been nine 
years a citizen of the United States, and who is not, when 
elected, an inhabitant of the State from which he is chosen. 
It is not necessary for him to reside in the State during his 
term of office. 

Senators are " congressmen " and " members of con- 
gress " just as truly as are the representatives, although 
these terms are often erroneously limited to the members of 
the House of Representatives. 

Officers. — The Vice-President of the United States is 



NATIONAL GOVERNMENT. 125 

President of the Senate, and has a vote only in case of a tie. 
The Senate chooses its other officers, consisting of a presi- 
dent/;^ tempore, secretary, chief clerk, executive clerk, ser- 
geant-at-arms, doorkeeper, and chaplain. 

Trial of Impeachments.— The Senate has the sole 
power to try impeachments. 

When sitting for this purpose, the senators are on oath 
or affirmation ; and when the President of the United States 
is tried, the Chief-Justice presides. Why ? Has a President 
ever been tried by the Senate ? 

Executive Appointments. — The Senate may confirm 
or reject the nominations of the President in cases of ap- 
pointment to office in the executive department. 

Powers and Duties of Congress. — The powers and 
duties of congress are defined by the constitution. Never- 
theless there has always been great diversity of opinion as 
to w T hat the powers of congress really are in several import- 
ant particulars. This comes from the fact that the members 
of the convention which framed the constitution differed 
widely as to the powers that should be given congress. 
Some were in favor of giving congress very great power, 
and the eighth section of the first article of the constitution 
will show you how well they succeeded. The expression, 
"Provide for the common defense and general welfare of the 
United States," has been held to imply very many powers 
not enumerated. The meaning of this and one or two other 
expressions has been much discussed by statesmen. 

On the other hand, many members were in favor of lim- 
iting the powers of congress to the minimum, and the ninth 
section of the first article will show you how well they suc- 
ceeded. 

The discussion of the powers of congress, involving, as it 
does, much of the history of our country, can not be at- 
tempted in this book. 



126 ILLINOIS AND THE NATION. 

Pay of Congressmen, — Senators and representatives 
receive $5,000 per annum. The speaker of the house and 
the president pro tempore of the senate receive $8,000 per 
annum. 

EXECUTIVE DEPARTMENT. 

President. — The executive power is vested in the Pres- 
ident of the United States of America. He is chosen for 
four years. 

How Chosen. — The President is chosen by electors 
who are themselves chosen by the people of the several 
States. They are chosen on Tuesday next after the first 
Monday in November. Each State is entitled to as many 
electors as it has senators and representatives in congress. 

The electors of the several States meet at their respect- 
ive State capitals on the first Wednesday in December, and 
vote in a prescribed manner for President and Vice-Presi- 
dent separately. The lists showing the result of the election 
in each State are sent to Washington directed to the 
president of the senate. On the second Wednesday in Feb- 
ruary these lists are opened in the presence of both houses 
of congress, and the votes are counted. The person having 
the highest number of votes for President is declared Presi- 
dent, and the person having the highest number of votes for 
Vice-President is declared to be elected Vice-President, pro- 
vided that, in each case, the highest number of votes re- 
ceived is a majority of all the electors appointed. In case 
the highest number of votes for President is less than the 
required majority, the house of representatives at once 
chooses a President in a prescribed manner from the per- 
sons (not exceeding three of those voted for as President) 
having the highest numbers. The senate chooses a Vice- 
President from the two highest numbers on the list, in case 
no one has the required majority of electoral votes. 



NATIONAL GOVERNMENT. 127 

Eligibility. — The President must be a natural born cit- 
izen of the United States, and at least thirty-five years of age. 
The same is true of the Vice-President. 

Executive Departments. — The executive business of 
the United States is arranged under seven departments. 
Nearly all of the departments are subdivided into bureaus. 

Heads of Departments. — The heads of these depart- 
ments are appointed by the President, and confirmed by the 
Senate. 

The salary of each is $8,000 a year. 

Department of State. — The Department of State, at 
the head of which is the Secretary of State, has charge of 
our relations with foreign countries, and of the public 
archives. 

The Secretary of State countersigns all proclamations 
issued by the President. He is keeper of the great seal of 
the United States, and affixes the seal to all commissions 
given by the President. He has charge of the correspond- 
ence with foreign ministers, and presents such ministers to 
the President. He has various other important duties. 

Treasury Department. — The treasury department 
has charge of the finances of the Nation. This department 
has several bureaus. 

The Bureau of Internal Revenue has charge of the col- 
lection of taxes upon tobacco and malt and spirituous 
liquors. 

Another bureau has charge of the collection of duties 
laid on foreign goods brought into this country. These 
taxes are collected at the custom house of every port of 
entry. 

The Secretary of the Treasury is at the head of this 
department. 

Department of War. — The department of War, at 



128 ILLINOIS AND THE NATION. 

the head of which is the Secretary of War, has charge of the 
affairs of the army, and of the Military Academy at West 
Point. 

Department of Justice. — The department of Justice, 
at the head of which is the Attorney-General, has general 
charge of the judicial affairs of the Nation. The Attorney- 
General prosecutes all suits in the Supreme Court in which 
the United States are interested, and gives his advice and 
opinion upon questions of law to the President and the heads 
of departments, when such questions pertain to the duties of 
their offices. These opinions are written, and are afterward 
printed for reference. 

Post-Office Department. — The Post-Office depart- 
ment, at the head of which is the Postmaster-General, has 
general charge of the carrying of the United States mails. 

Department of the Navy. — The department of the 
Navy, at the head of which is the Secretary of the Navy, 
has charge of the navy, and of the Naval Academy at An- 
napolis. 

Department of the Interior. — The department of 
the Interior has charge of the granting of patents and pen- 
sions, of the public lands, of Indian affairs, of the taking of 
the census, and of educational and agricultural affairs. 
The Secretary of the Interior is at the head of this depart- 
ment. 

President's Cabinet. — The heads of the several de- 
partments form what is known as the President's Cabinet. 
They advise him, when asked to do so, upon the various 
matters pertaining to the departments. Cabinet meetings 
are held at the request of the President, at which the more 
important matters of the government are discussed. The 
President is free to carry out the recommendations of the 
cabinet, or not, as he sees fit. 



NATIONAL GOVERNMENT. 129 

Presidential Succession. — In case of the removal of 
the President from office, or of his death, resignation, or in- 
ability to perform the duties of his office, the Vice-Presi- 
dent, if there be one, takes the oath of office, and be- 
comes President. If there should be no Vice-President the 
duties of the President devolve upon the Secretary of State, 
and in case of his death, resignation, or removal from 
office, upon the Secretary of the Treasury, and so on 
through the cabinet officers, the succession being in the 
order in which the departments have been discussed in this 
book. The law concerning the presidential succession ap- 
plies only to such cabinet officers as have been appointed 
with the consent of the United States Senate, and such as 
are eligible to the office of President under the constitution. 

Prior to 1886 the order of succession after the Vice- 
President w r as President pro tempoi-e of the Senate, and 
Speaker of the House of Representatives. But it sometimes 
happens that these offices are both vacant at the same time 
on account of the fact that one congress ends on the fourth 
of March, and the next does not regularly meet and elect 
officers until the first Monday in the following December. 
On this account, chiefly, congress changed the presidential 
succession to the members of the cabinet in the order indi- 
cated. By this arrangement, the successor to the presi- 
dency is sure to be of the same political party as his pred- 
ecessor. 

When a person becomes President without being elected 
directly to that office he is called an "accidental " President. 
How many such Presidents have we had ? Who were they ? 
Whom did each succeed ? 

When the office of President becomes vacant the Vice- 
President takes the oath of office and becomes President. 
But when a vacancy occurs in the office of Vice-President 
it continues until the next presidential election. The Pres- 



130 ILLINOIS AND THE NATION. 

ident pro te7npore of the senate is a member of that body, 
and does not now succeed to the presidency in case of a 
vacancy in that office. 

Who is now President of the United States ? When was 
he elected ? Who is Vice-President ? President/r^ tempore 
of the Senate? Speaker of the House of Representatives? 
Of the Senate ? Name the present cabinet officers. What 
is the political complexion of the present administration ? 
Of the House of Representatives ? 

Presidents Veto. — The President may veto any bill 
passed by congress. The discussion about the Governor's 
veto will apply to that of the President, with two exceptions. 

A vote of two-thirds of a quorum in each house of con- 
gress will pass a bill over the President's veto; while in this 
State a vote of two-thirds of all the members elected to each 
house is necessary to pass a bill over the Governor's veto. 

After the adjournment of congress, all bills not signed 
by the President before the time of adjournment fail to be- 
come laws, although the President may have no objection 
to them. After the adjournment of our State legislature, 
the Governor has ten days in which to file bills with his ob- 
jections in the office of the secretary of State. All bills that 
are not so filed become laws, whether signed by the Gov- 
ernor or not. 

President's Salary. — The President receives $50,000 
a year. 

The Vice-President receives $8,000 a year. 

JUDICIAL DEPARTMENT. 

SUPREME COURT. 

Jurisdiction. — The jurisdiction of the United States 
courts is defined in the second section of the third article of 



NATIONAL GOVERNMENT. 131 

the constitution. A limitation is placed upon this power by 
the eleventh amendment. 

Judges.— There are nine judges of the United States 
Supreme Court — a chief-justice and eight associate justices. 

All United States judges are appointed by the President, 
with the consent of the Senate, and hold office during good 
behavior. They can be removed from office only by im- 
peachment. Who is now chief-justice ? 

Any judge of any court of the United States, who has 
held the office for ten years, and has attained the age of sev- 
enty years, may resign his office, and yet receive the same 
salary during life as was paid him at the time of his resig- 
nation. 

Salaries. — The judges of the United States Supreme 
Court receive §10,000, except the chief-justice, who receives 
$10,500 a year. 

CIRCUIT COURTS. 

Number and Jurisdiction. — The United States are 
divided into nine circuits. 

The circuit courts have original jurisdiction in civil suits 
arising under patent and copyright laws, and in several other 
cases ; also, in criminal cases for the trial of persons ac- 
cused of offenses against the United States. They have ap- 
pellate jurisdiction in cases tried before the United States 
district courts. 

Judges. — One circuit judge is appointed in each cir- 
cuit. He may hold court with or without a district judge. 

The judges of the Supreme Court apportion the nine cir- 
cuits among themselves, and hold a court in each at least 
once every two years. The supreme judge may associate 
with himself a circuit judge or a district judge. 

Salary.— United States circuit judges receive $6,000 a 
year. 



132 ILLINOIS AND THE NATION. 

DISTRICT COURTS. 

Jurisdiction. — The jurisdiction of district courts ex- 
tends to the trial of all crimes committed within the district 
against the United States, except those punishable with death. 
The original jurisdiction in civil cases is about the same as 
in the circuit court. 

Judges. — The United States are divided into about 
sixty districts for the purpose of holding district courts. 
The number of district judges does not correspond to the 
number of districts, as, in some cases, one judge is appointed 
for two or more districts. But there is at least one district 
judge in every State. 



APPENDIX. 



CONSTITUTION OF THE STATE OF ILLINOIS. 



Adopted in Convention at Springfield, May 13, A. D. 1870. 



Ratified by the People July 2, 1870; in force August 8, 1870; 
amended in 1878, 1880 and 1SS4. 



PREAMBLE. 



We, the people of the State of Illinois — grateful to Almighty God for 
the civil, political and religious liberty which He hath so long permitted 
us to enjoy, and looking to Him for a blessing upon our endeavors to se- 
cure and transmit the same unimpaired to succeeding generations — in 
order to form a more perfect government, establish justice, insure 
domestic tranquility, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this constitution for the State of 
Illinois. 

ARTICLE I. 

boundaries. 

The boundaries and jurisdiction of the State shall be as follows, to- 
wit: Beginning at the mouth of Wabash River; thence up the same, and 
with the line of Indiana, to the northwest corner of said State; thence 
east, with the line of the same State, to the middle of Lake Michigan; 
thence north along the middle of said lake, to north latitude forty-two 
degrees and thirty minutes; thence west to the middle of the Mississippi 
River, and thence down along the middle of that river to its confluence 
with the Ohio River, and thence up the latter river along its northwestern 
shore, to the place beginning: Proviied, that this State shall exercise 

(133) 



134 ILLINOIS AND THE NATION. 

such jurisdiction upon the Ohio River, as she is now entitled to, or such 
as may hereafter be agreed upon by this State and the State of Kentucky. 

ARTICLE II. 

BILL OF RIGHTS. 

§ I. All men are by nature free and independent, and have certain 
inherent and inalienable rights — among these are life, liberty, and the 
pursuit of happiness. To secure these rights and the protection of 
property, governments are instituted among men, deriving their just 
powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty or property, with- 
out due process of law. 

§ 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed; and no 
person shall be denied any civil or political right, privilege or capacity 
on account of his religious opinions; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirmations, ex- 
cuse acts of licentiousness, or justify practices inconsistent with the 
peace or safety of the State. No person shall be required to attend or 
support any ministry or place of worship against his consent, nor shall 
any preference be given by law to any religious denomination or mode of 
worship. 

§ 4. Every person may freely speak, write and publish on all sub- 
jects, being responsible for the abuse of that liberty; and in all trials for 
libel, both civil and criminal, the truth, when published with good 
motives and for justifiable ends, shall be a sufficient defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall remain 
inviolate; but the trial of civil cases before justices of the peace, by a 
jury of less than twelve men, may be authorized by law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue without probable cause, sup- 
ported by affidavit, particularly describing the place to be searched, and 
the persons and things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except for 
capital offenses, where the proof is evident or the presumption great; and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

§ 8. No person shall be held to answer for a criminal offense, unless 
on indictment of a grand jury, except in cases in which the punishment is 



APPENDIX. 135 

by fine, or imprisonment otherwise than in the penitentiary, in cases of im- 
peachment, and in cases arising in the army and navy, or in the militia 
when in actual service in time of war or public danger: Provided, that 
the grand jury may be abolished by law in all cases. 

§ 9. In all criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel; to demand the nature 
and cause of the accusation, and to have a copy thereof; to meet the wit- 
nesses face to face, and to have process to compel the attendance of wit- 
nesses in his behalf, and a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged to have been committed. 

§ 10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 

§ 11. All penalties shall be proportioned to the nature of the of- 
fense; and no conviction shall work corruption or forfeiture of estate; 
nor shall any person be transported out of the State for any offense com- 
mitted within the same. 

§ 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law; or in cases where there is strong presumption 
of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not made by 
the State, shall be ascertained by a jury, as shall be prescribed by law. 
The fee of land taken for railroad tracks, without consent of the owners 
thereof, shall remain in such owners, subject to the use for which it is 
taken. 

§ 14. No ex post facto law, or law impairing the obligation of con- 
tracts, or making any irrevocable grant of special privileges or immu- 
nities, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war except in the man- 
ner prescribed by law. 

§ 17, The people have the right to assemble in a peaceable manner 
to consult for the common good, to make known their opinions to their 
representatives, and to apply for redress of grievances. 
§ 18. All elections shall be free and equal. 
§ 19. Every person ought to find a certain remedy in the laws for all 



136 ILLINOIS AND THE NATION. 

injuries and wrongs which he may receive in his person, property or repu- 
tation; he ought to obtain, by law, right and justice freely and without 
being obliged to purchase it, completely and without denial, promptly and 
without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of liberty. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the Legislative. Executive and Judicial; and no 
person, or collection of persons, being one of these departments, shall 
exercise any power properly belonging to either of the others, except as 
hereinafter expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

§ 1. The legislative power shall be vested in a general assembly, 
which shall consist of a Senate and House of Representatives, both to be 
elected by the people. 

ELECTION. 

§ 2. An election for members of the General Assembly shall be held 
on the Tuesday next after the first Monday in November, in the year of 
our Lord one thousand eight hundred and seventy, and every two years 
thereafter, in each county, at such places therein as may be provided by 
law. When vacancies occur in either house, the governor, or person 
exercising the powers of governor, shall issue writs of election to fill 
such vacancy. 

ELIGIBILITY AND OATH. 

• § 3. No person shall be a senator who shall not have attained the 
age of twenty-five years, or a representative who shall not have attained 
the age of twenty-one years. No person shall be a senator or representa- 
tive who shall not be a citizen of the United States, and who shall not have 
been for five years a resident of this State, and for two years next preceding 
his election a resident within the territory forming the district from which 
he is elected. No judge or clerk of any court, secretary of State, attorney 
general, State's attorney, recorder, sheriff, or collector of public 
revenue, member of either house of congress, or person holding any 
lucrative office under the United States or this State, or any foreign gov- 






APPENDIX. 137 

ernment, shall have a seat in the General Assembly : Provided, that 
appointments in the militia, and the offices of notary public and justice 
of the peace, shall not be considered lucrative. Nor shall any person 
holding any office of honor or profit under any foreign government, or 
under the government of the United States (except postmasters whose 
annual compensation does not exceed the sum of three hundred dollars), 
hold any office of honor or profit under the authority of this State. 

£ 4. No person who has been, or hereafter shall be convicted of 
bribery, perjury or other infamous crime, nor any person who has been or 
may be a collector or holder of public moneys, who shall not have 
accounted for and paid over, according to law, all such moneys due from 
him, shall be eligible to the General Assembly, or to any office of profit 
or trust in this State. 

§ 5. Members of the General Assembly, before they enter upon their 
official duties, shall take and subscribe the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will support the constitution of the 
United States and the constitution of the State of Illinois, and will faithfully dis- 
charge the duties of senator (or representaiive) according to the best of my ability; 
and that 1 have not knowingly or intentionally, paid or contributed anything, or 
made any promise in the nature of a bribe, to directly or indirectly influence any 
vote at the election at which I was chosen to fill the said office, and have not 
accepted, nor will I accept or receive, directly or indirectly, any money or other 
valuable thing, from any corporation, company or person, for any vote or influ- 
ence I may give or withhold on any bill, resolution or appropriation, or for any 
other official act." 

This oath shall be administered by a judge of the supreme or circuit 
court in the hall of the house to which the member is elected, and the 
secretary of State shall record and file the oath subscribed by each mem- 
ber. Any member who shall refuse to take the oath herein prescribed 
shall forfeit his office, and every member who shall be convicted of hav- 
ing sworn falsely to, or of violating his said oath, shall forfeit his office 
and be disqualified thereafter from holding any office of profit or trust in 
this State. 

APPORTIONMENT — SENATORIAL. 

§ 6. The General Assembly shall apportion the State every ten years, 
beginning with the year one thousand eight hundred and seventy-one, by 
dividing the population of the State, as ascertained by the federal census, 
by the number fifty-one, and the quotient shall be the ratio of representa- 
tion in the senate. The State shall be divided into fifty-one senatorial 
districts, each of which shall elect one senator, whose term of office shall 
be four years. The senators elected in the year of our Lord one thou- 



138 ILLINOIS AND THE NATION. 

sand eight hundred and seventy-two, in districts bearing odd numbers, 
shall vacate their offices at the end of two years, and those elected in dis- 
tricts bearing even numbers, at the end of four years; and vacancies 
occurring by the expiration of term shall be filled by the 
election of senators for the full term. Senatorial districts shall be 
formed of contiguous and compact territory, bounded by county 
lines, and contain as nearly as practicable an equal number of in- 
habitants; but no district shall contain less than four-fifths of 
the senatorial ratio. Counties containing not less than the ratio and 
three-fourths, may be divided into separate districts, and shalll be en- 
titled to two senators, and to one additional senator for each number of 
inhabitants equal to the ratio contained by such counties in excess of 
twice the number of said ratio. 

Note. —By the adoption of minority representation, §§7 and S of this article, 
above set forth, cease to be a part ot the constitution. Under § 12 of the schedule, 
and the vote of adoption, the following section relating to minority representation 
is substituted for said sections: 

MINORITY REPRESENTATION. 

§ § 7 and 8. The house of representatives shall consist of three 
times the number of the members of the senate, and the term of office 
shall be two years. Three representatives shall be elected in each sena- 
torial district at the general election in the year of our Lord one thousand 
eight hundred and seventy-two, and every two years thereafter. In all 
elections of representatives aforesaid, each qualified voter may cast as 
many votes for one candidate as there are representatives to be elected, 
or may distribute the same, or equal parts thereof, among the candidates, 
as he shall see fit; and the candidates highest in votes shall be declared 
elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the General Assembly shall commence at twelve 
o'clock noon, on the Wednesday next after the first Monday in January, 
in the year next ensuing the election of members thereof, and at no other 
time, unless as provided by this constitution. A majority of the mem- 
bers elected to each house shall constitute a quorum. Each house shall 
determine the rules of its proceedings, and be the judge of the election, 
returns and qualifications of its members; shall choose its own officers; 
and the senate shall choose a temporary president to preside when the 
lieutenant governor shall not attend as president, or shall act as governor. 
The secretary of State shall call the House of Representatives to order 



APPENDIX. 139 

at the opening of each new assembly, and preside over it until a tem- 
porary presiding officer thereof shall have been chosen and shall have 
taken his seat. No member shall be expelled by either house, except by 
a vote of two-thirds of all the members elected to that house, and no 
member shall be twice expelled for the same offense. Each house may 
punish by imprisonment any person, not a member, who shall be guilty 
of disrespect to the house by disorderly or contemptuous behavior in its 
presence. But no such imprisonment shall extend beyond twenty-four 
hours at one time, unless the person shall persist in such disorderly or 
contemptuous behavior. 

§ 10. The door of each house and of committees of the whole shall 
be kept open, except in such cases as, in the opinion of the house, 
require secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days, or to any other place than that in 
which the two houses shall be sitting. Each house shall keep a journal 
of its proceedings, which shall be published. In the senate, at the 
request of two members, and in the house at the request of five mem- 
bers, the yeas and nays shall be taken on any question, and entered 
upon the journal. Any two members of either house shall have lib- 
erty to dissent from and protest, in respectful language, against any 
act or resolution which they think injurious to the public or to any 
individual, and have the reasons of their dissent entered upon the 
journals. 

- STYLE OF LAWS, AND PASSAGE OF BILLS. 

§ II. The style of the laws of this State shall be: "Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly." 

§ 12. Bills may originate in either house, but may be altered, 
amended or rejected by the other; and on the final passage of all bills, 
the vote shall be by yeas and nays, upon each bill separately, and shall 
be entered upon the journal; and no bill shall become a law without the 
concurrence of a majority of the members elected to each house. 

§ 13. Every bill shall be read at large on three different days, in each 
house; and the bill and all amendments thereto shall be printed before 
the vote is taken on its final passage; and every bill, having passed both 
houses, shall be signed by the speakers thereof. No act hereafter passed 
shall embrace more than one subject, and that shall be expressed in the 
title. But if any subject shall be embraced in an act which shall not be 
expressed in the title, such act shall be void only as to so much thereof 
as shall not be so expressed; and no law shall be revived or amended by 



140 ILLINOIS AND THE NATION. 

reference to its title only, but the law revived, or the section amended, 
shall be inserted at length in the new act. And no act of the General 
Assembly shall take effect until the first day of July next after its pass- 
age, unless, in case of emergency (which emergency shall be expressed 
in the preamble or body of the act) the General Assembly shall, by a 
vote of two-thirds of all the members elected to each house, otherwise 
direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except treason, 
felony or breach of the peace, be privileged from arrest during the session 
of the General Assembly, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not be questioned 
in any other place. 

§ 15. No person elected to the General Assembly shall receive any 
civil appointment within this State from the governor, the governor and 
senate, or from the General Assembly, during the term for which he 
shall have been elected; and all such appointments, and all votes given 
for any such members for any such office or appointment, shall be 
void; nor shall any member of the General Assembly be interested, 
either directly or indirectly, in any contract with the State, or any county 
thereof, authorized by any law passed during the term for which he shall 
have been elected, or within one year after the expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The General Assembly shall make no appropriation of money 
out of the treasury in any private law. Bills making appropriations for 
the pay of members and officers of the General Assembly, and for the 
salaries of the officers of the government, shall contain no provision on 
any other subject. 

§ 17. No money shall be drawn from the treasury except in pursu- 
ance of an appropriation made by law, and on the presentation of a 
warrant issued by the auditor thereon; and no money shall be diverted 
from any appropriation made for any purpose, or taken from any fund 
whatever, either by joint or separate resolution. The auditor shall, within 
sixty days after the adjournment of each session of the General Assembly, 
prepare and publish a full statement of all money expended at such ses- 
sion, specifying the amount of each item, and to whom and for what paid. 

§ 18. Each General Assembly shall provide for all the appropriations 
necessary for the ordinary and contingent expenses of the government 
until the expiration of the first fiscal quarter after the adjournment of 



APPENDIX. 141 

the next regular session, the aggregate amount of which shall not be 
increased without a vote of two-thirds of the members elected to ench 
house, nor exceed the amount of revenue authorized by law to be raised 
in such time; and all appropriations, general or special, requiring money 
to be paid out of the State treasury, from funds belonging to the State, 
shall end with such fiscal quarter. Provided, the State may, to meet 
casual deficits or failures in revenues, contract debts, never to exceed in 
the aggregate two hundred and fifty thousand dollars; and moneys thus 
borrowed shall be applied to the purpose for which they were obtained, 
or to pay the debt thus created, and to no other purpose; and no other 
debt, except for the purpose of repelling invasion, suppressing insurrec- 
tion, or defending the State in war (for payment of which the faith of 
the State shall be pledged), shall be contracted, unless the law autho- 
rizing the same shall, at a general election, have been submitted to the 
people and have received a majority of the votes cast for members of the 
General Assembly at such election. The General Assembly shall provide 
for the publication of said law for three months, at least, before the vote 
of the people shall be taken upon the same; and provision shall be made, 
at the time, for the payment of the interest annually, as it shall accrue, 
by a tax levied for the purpose, or from other sources of revenue; which 
law, providing for the payment of such interest by such tax, shall be 
irrepealable until such debt be paid. And, p>ovided further, that the 
law levying the tax shall be submitted to the people with the law autho- 
rizing the debt to be contracted. 

§ 19. The General Assembly shall never grant or authorize extra 
compensation, fee or allowance to any public officer, agent, servant or 
contractor, after service has been rendered or a contract made, nor 
authorize the payment of any claim, or part thereof, hereafter created 
against the State under any agreement or contract made without express 
authority of law; and all such unauthorized agreements or contracts 
shall be null and void. Provided, the General Assembly may make 
appropriations for expenditures incurred in suppressing insurrection or 
repelling invasion. 

§ 20. The State shall never pay, assume or become responsible for 
the debts or liabilities of, or in any manner give, loan or extend its 
credit to, or in aid of, any public or other corporation, association or 
individual. 

PAY OF. MEMBERS. 

§ 21. The members of the General Assembly shall receive for their 
services the sum of five dollars per day, during the first session held 



J42 ILLINOIS AND THE NATION. 

under this constitution, and ten cents for each mile necessarily traveled 
in going to, and returning from, the seat of government, to be computed 
by the auditor of public accounts; and thereafter such compensation as 
shall be prescribed by law, and no other allowance or emolument, directly 
or indirectly, for any purpose whatever, except the sum of fifty dollars 
per session to each member, which shall be in full for postage, stationery, 
newspapers and all other incidental expenses and perquisites; but no 
change shall be made in the compensation of the General Assembly dur- 
ing the term for which they may bave been elected. The pay and 
mileage allowed to each member of the General Assembly shall be certi- 
fied by the speakers of their respective houses, and entered on the jour- 
nals, and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The General Assembly shall not pass local or special laws in 
any of the following enumerated cases, that is to say, for — 

Granting divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or highways; 

Vacating roads, town plats, streets, alleys, and public grounds; 

Locating or changing county seats; 

Regulating county and township affairs; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of the peace, police 
magistrates and constables; 

Providing for changes of venue in civil and criminal cases; 

Incorporating cities, towns, or villages, or changing or amending the 
charter of any town, city or village; 

Providing for the election of members of the board of supervisors in 
townships, incorporated towns or cities; 

Summoning and impaneling grand or petit juries; 

Providing for the management of common schools; 

Regulating the rate of interest on money; 

The opening and conducting of an election, or designating the place 
of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 



APPENDIX. 143 

Creating, increasing, or decreasing fees, percentages or allowances of 
public officers, during the term for which said officers are elected or 
appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to lay 
down railroad tracks, or amending existing charters for such purpose. 

Granting to any corporation, association or individual any special or 
exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

§ 23. The General Assembly shall have no power to release or ex- 
tinguish, in whole or in part, the indebtedness, liability, or obligation of 
any corporation or individual to this State or to any municipal corpora- 
tion therein. 

IMPEACHMENT. 

§ 24. The House of Representatives shall have the sole power of im- 
peachment; but a majority of all the members elected must concur therein. 
All impeachments shall be tried by the senate; and when sitting for that 
purpose, the senators shall be upon oath or affirmation, to do justice 
according to law and evidence. When the governor of the State is tried, 
the chief-justice shall preside. No person shall be convicted without the 
concurrence of two-thirds of the senators elected. But judgment, in 
such cases, shall not extend further than removal from office, and dis- 
qualification to hold any office of honor, profit or trust under the govern- 
ment of this State. The party, whether convicted or acquitted, shall, 
nevertheless, be liable to prosecution, trial, judgment and punishment 
according to law. 

MISCELLANEOUS. 

§ 25. The General Assembly shall provide, by law, that the fuel, sta- 
tionery and printing paper furnished for the use of the State; the copy- 
ing, printing, binding and distributing the laws and journals, and all 
other printing ordered by the General Assembly, shall be let by con- 
tract to the lowest responsible bidder; but the General Assembly shall 
fix a maximum price: and no member thereof, or other officer of the 
State, shall be interested, directly or indirectly, in such contract. But 
all such contracts shall be subject to the approval of the governor, and if 
he disapproves the same, there shall be a re-letting of the contract, in 
such manner as shall be prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
court or law or equity. 



144 ILLINOIS AND THE NATION. 

§ 27. The General Assembly shall have no power to authorize lot- 
teries or gift enterprises, for any purpose, and shall pass laws to prohibit 
the sale of lottery or gift enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to extend the term 
of any public officer after his election or appointment. 

§ 29. It shall be the duty of the General Assembly to pass such 
laws as may be necessary for the protection of operative miners, by pro- 
viding for ventilation, when the same may be required, and the con- 
struction of escapement shafts, or such other appliances as may secure 
safety in all coal mines, to provide for the enforcement of said laws by 
such penalties and punishments as may be deemed proper. 

§ 30. The General Assembly may provide for establishing and open- 
ing roads and cartways, connected with a public road, for private and 
public use. 

*§ 31. The General Assembly may pass laws permitting the owners 
of land to construct drains, ditches and levees for agricultural, sanitary 
or mining purposes, across the lands of others, and provide for the organ- 
ization of drainage districts, and vest the corporate authorities thereof 
with power to construct and maintain levees, drains and ditches, and to 
keep in repair all drains, ditches and levees heretofore constructed under 
the laws of this State, by special assessments upon the property bene- 
fited thereby. 

§ 32. The General Assembly shall pass liberal homestead and ex- 
emption laws. 

§ 33. The General Assembly shall not appropriate out of the State 
treasury, or expend on account of the new capitol grounds, and construc- 
tion, completion and furnishing of the Statehouse, a sum exceeding, in the 
aggregate, three and a half millions of dollars, inclusive of all appropri- 
ations heretofore made, without first submitting the proposition for an 
additional expenditure to the legal voters of the State, at a general elec- 
tion; nor unless a majority of all votes cast at such election shall be for 
the proposed additional expenditure. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

§ I. The executive department shall consist of a governor, lieute- 
nant-governor, secretary of State, auditor of public accounts, treasurer, 
superintendent of public instruction, and attorney-general, who shall 
each, with the exception of treasurer, hold his office for the term of four 

♦As amended in 1878. 



APPENDIX. 145 

years from the second Monday of January next after his election, and 
until his successor is elected and qualified. They shall, except the 
lieutenant-governor, reside at the seat of government during the term of 
office, and keep the public records, books and papers there, and shall 
perform such duties as may be prescribed by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified; and shall be ineligible to 
said office for two years next after the end of the term for which he was 
elected. He may be required by the governor to give reasonable addi- 
tional security, and in default of so doing his office shall be deemed 
vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant-governor, secretary of 
State, auditor of public accounts, and attorney-general, shall be held on 
the Tuesday next after the first Monday of November, in the year of our 
Lord one thousand eight hundred and seventy-two, and every four years 
thereafter; for superintendent of public instruction, on the Tuesday next 
after the first Monday of November, in the year one thousand eight hun- 
dred and seventy, and every four years thereafter; and for treasurer, on 
the day last above mentioned, and every two years thereafter, at such 
places and in such manner as may be described by law. 

§ 4. The returns of every election for the above named officers shall 
be sealed up and transmitted, by the returning officers, to the secretary of 
State, directed to "The Speaker of the House of Representatives," who 
shall, immediately after the organization of the house, and before pro- 
ceeding to other business, open and publish the same in the presence of a 
majority of each house of the General Assembly, who shall for that pur- 
pose assemble in the hall of the House of Representatives. The person 
having the highest number of votes for either of said offices, shall be de- 
clared duly elected; but if two or more have an equal, and the highest 
number of votes, the General Assembly shall, by joint ballot, choose one 
of such persons for said office. Contested elections for all of said offices 
shall be determined by both houses of the General Assembly, by joint 
ballot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor, or lieuten- 
ant-governor, who shall not have attained the age of thirty years, and 
been for five years next preceding his election, a citizen of the United 
States and of this State. Neither the governor, lieutenant-governor, 
10 



146 ILLINOIS AND THE NATION. 

auditor of public accounts, secretary of State, superintendent of public 
instruction, nor attorney-general, shall be eligible to any other office 
during the period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the governor, 
who shall take care that the laws be faithfully executed. 

§ 7. The governor shall, at the commencement of each session, and 
at the close of his term of office, give to the General Assembly informa- 
tion, by message, of the condition of the State, and shall recommend 
such measures as he shall deem expedient. He shall account to the 
General Assembly, and accompany his message with a statement of all 
moneys received and paid out by him from any funds subject to his 
order, with vouchers, and, at the commencement of each regular session, 
present estimates of the amount of money required to be raised by tax- 
ation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
General Assembly, by proclamation, stating therein the purpose for 
which they are convened; and the general assembly shall enter upon no 
business except that for which they were called together. 

§ 9. In case of an agreement between the two houses with respect 
to the time of adjournment, the governor may, on the same being cer- 
tified to him by the house first moving the adjournment, adjourn the 
General Assembly to such time as he thinks proper, not beyond the first 
day of the next regular session. 

§ 10. The governor shall nominate and, by and with the advice and 
consent of the senate (a majority of all the senators elected concurring 
by yeas and nays), appoint all officers whose offices are established by 
this constitution, or which may be created by law, and whose appoint- 
ment or election is not otherwise provided for; and no such officer shall 
be appointed or elected by the General Assembly. 

§11. In case of vacancy, during the recess of the senate, in. any 
office which is not elective, the governor shall make a temporary appoint- 
ment until the next meeting of the senate, when he shall nominate some 
person to fill such office ; and any person so nominated, who is con- 
firmed by the senate (a majority of all the senators elected concurring 
by yeas and nays), shall hold his office during the remainder of the term, 
and until his successor shall be appointed and qualified. No person, 
after being rejected by the senate, shall be again nominated for 
the same office at the same session, unless at the request of the sen- 



APPENDIX. 147 

ate, or be appointed to the same office during the recess of the General 
Assembly, 

§ 12. The governor shall have power to remove any officer whom he 
may appoint, in case of incompetency, neglect of duty, or malfeasance in 
office; and he may declare his office vacant and fill the same as is herein 
provided in other cases of vacancy. 

£ 13. The governor shall have power to grant reprieves, commu- 
tations and pardons, after conviction, for all offenses, subject to such 
regulations as may be provided by law relative to the manner of apply- 
ing therefor. 

§ 14. The governor shall be commander-in-chief of the military and 
naval forces of the State (except when they shall be called into the service 
of the United States); and may call out the same to execute the laws, 
suppress insurrection, and repel invasion. 

§15. The governor, and all civil officers of this State, shall be liable 
to impeachment for any misdemeanor in office. 

VETO. 

§ 16. Every bill passed by the General Assembly shall, before it 
becomes a law, be presented to the governor. If he approve, he shall 
sign it, and thereupon it shall become a law ; but if he do not approve, 
he shall return it, with his objections, to the house in which it shall have 
originated, which house shall enter the objections at large upon its jour- 
nal, and proceed to reconsider the bill. If, then, two-thirds of the mem- 
bers elected agree to pass the same, it shall be sent, together with the ob- 
jections, to the other house, by which it shall likewise be reconsidered; 
and if approved bytwo-thirds of the members elected to that house, it shall 
become a law, notwithstanding the objections of the governor. But in 
all such cases, the vote of each house shall be determined by yeas and 
nays, to be entered on the journal. Any bill which shall not be re- 
turned by the governor within ten days (Sundays excepted) after it shall 
have been presented to him, shall become a law in like manner as if he 
had signed it, unless the General Assembly shall, by their adjournment, 
prevent its return; in which case it shall be filed, with his objections, in 
the office of the secretary of State, within ten days after such adjourn- 
ment, or become a law. 

LIEUTENANT-GOVERNOR. 

§ 17. In case of the death, conviction or impeachment, failure to 
qualify, resignation, absence from the State, or other disability of the 



148 ILLINOIS AND THE NATION. 

governor, the powers, duties and emoluments of the office for the resi- 
due of the term, or until the disability shall be removed, shall devolve 
upon the lieutenant-governor. 

§ 1 8. The lieutenant-governor shall be president of the senate, and 
shall vote only when the senate is equally divided. The senate shall 
choose a president, pro tempore, to preside in case of the absence or 
impeachment of the lieutenant-governor, or when he shall hold the office 
of governor. 

§ 19. If there be no lieutenant-governor, or if the lieutenant-gov- 
ernor shall, for any of the causes specified in section seventeen of this 
article, become incapable of performing the duties of the office, the 
president of the senate shall act as governor until the vacancy is filled or 
the disability removed; and if the president of the senate, for any of the 
above named causes, shall become incapable of performing the duties of 
governor, the same shall devolve upon the speaker of the House of Rep- 
resentatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, secre- 
tary of State, attorney general or superintendent of public instruction 
shall be vacated by death, resignation or otherwise, it shall be the duty 
of the governor to fill the same by appointment, and the appointee shall 
hold his office until his successor shall be elected and qualified in such 
manner as may be provided by law. An account shall be kept by the 
officers of the executive department, and of all the public institutions of 
the State, of all moneys received or disbursed by them, severally, 
from all sources, and for every service performed, and a semi-annual 
report thereof be made to the governor, under oath; and any officer 
who makes a false report shall be guilty of perjury, and be punished 
accordingly. 

§ 21. The officers of the executive department, and of all the public 
institutions of the State, shall, at least ten days preceding each regular 
session of the General Assembly, severally report to the governor, who 
shall submit such reports to the General Assembly, together with the 
reports of the judges of the supreme court of defects in the constitution 
and laws; and the governor may at any time require information, in 
writing, under oath, from the officers of the executive department, and 
all officers and managers of State institutions, upon any subject relat- 
ing to the condition, management and expenses of their respective 
offices. 



APPENDIX. 149 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called the 
"Great Seal of the State of Illinois," which shall be kept by the secre- 
tary of State, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their serv- 
ices a salary, to be established by law, which shall not be increased or 
diminished during their official terms, and they shall not, after the expira- 
tion of the terms of those in office at the adoption of this constitution, 
receive to their own use any fees, costs, perquisites of office, or other 
compensation. And all fees that may hereafter be payable by law for 
any services performed by any officer provided for in this article of the 
constitution, shall be paid in advance into the State treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitution or 
law, continuing during the pleasure of the appointing power, or for a 
fixed time, with a successor elected or appointed. An employment is 
an agency, for a temporary purpose, which ceases when that purpose is 
accomplished. 

§ 25. All civil officers except members of the General Assembly and 
such inferior officers as may be by law exempted, shall, before they enter 
on the duties of their respective offices, take and subscribe the following 
oath or affirmation: 

"T do solemnly swear (or affirm, as the case may be) that I will support the 
constitution of the United States, and the constitution of the State of Illinois, and 

that I will faithfully discharge th« duties of the office of according to the best 

of my ability.'" 

And no other oath, declaration or test shall be required as a qualifica- 
tion. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

§ I. The judicial powers, except as in this article is otherwise pro- 
vided, shall be vested in one supreme court, circuit courts, county courts, 
justices of the peace, police magistrates, and in such courts as may be 
created by law in and for cities and incorporated towns. 



150 ILLINOIS AND THE NATION. 

SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and shall have 
original jurisdiction in cases relating to the revenue in mandamus and 
habeas corpus, and appellate jurisdiction in all other cases. One of said 
judges shall be chief-justice; four shall constitute a quorum, and the con- 
currence of four shall be necessary to every decision. 

§ 3. No person shall be eligible to the office of judge of the 
supreme court unless he shall be at least thirty years of age, and a citizen 
of the United States, nor unless he shall have resided in this State five 
years next preceding his election, and be a resident of the district in 
which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for holding 
the same; and until otherwise provided by law, one or more terms of 
said court shall be held, for the northern division, in the city of Chicago 
each year at such times as said court may appoint, whenever said city or 
the county of Cook shall appoint appropriate rooms therefor, and the 
use of a suitable library, without expense to the State. The judicial 
divisions may be altered, increased or diminished in number, and the 
times and places of holding said court may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be denom- 
inated Southern, Central and Northern, until otherwise provided by law. 
The State shall be divided into seven districts for the election of judges, 
and until otherwise provided by law, they shall be as follows: 

First District. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Har- 
din, Pope, Union, Johnson, Alexander, Pulaski and Massac. 

Second Dist)ict. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgom- 
ery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun 
and Christian. 

Th'wd Dish id. — The counties of Sangamon, Macon, Logan, De 
Witt, Piatt, Douglas, Champaign, Vermillion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mer- 
cer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy 
and Woodford. 



APPENDIX. 151 

Sixth District. — The counties of Whiteside, Carroll, Jo Davids, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee and 
DuPage. 

The boundaries of the districts may be changed at the session of the 
General Assembly next preceding the election for judges therein, and at 
no other time; but whenever such alterations shall be made, the same 
shall be upon the rule of equality of population, as nearly as county 
boundaries will allow, and the districts shall be composed of contiguous 
counties, in as nearly compact form as circumstances will permit. 
The alteration of the districts shall not affect the tenure of office of any 
judge. 

§ 6. At the time of voting on the adoption of this constitution, one 
judge of the supreme court shall be elected by the electors thereof, in 
each of said districts numbered two, three, six and seven, who shall hold 
his office for the term of nine years from the first Monday of June, in 
the year of our Lord one thousand eight hundred and seventy. The 
term of office of judges of the supreme court, elected after the adoption 
of this constitution, shall be nine years; and on the first Monday of 
June of the year in which the term of any of the judges in the office at 
the adoption of this constitution, or of the judges then elected, shall 
expire, and every nine years thereafter, there shall be an election for 
the successor or successors of such judges, in the respective districts 
wherein the term of such judges shall expire. The chief-justice shall 
continue to act as such until the expiration of the term for which he was 
elected, after which the judges shall choose one of their number chief- 
justice. 

§ 7. From and after the adoption of this constitution, the judges of 
the supreme court shall each receive a salary of four thousand dollars per 
annum, payable quarterly, until otherwise provided by law. And after 
said salaries shall be fixed by law, the salaries of the judges in office shall 
not be increased or diminished during the term for which said judges 
shall have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme court, 
held in the grand division in which the case is decided, or, by consent of 
the parties, to any other grand division. 

§ 9. The supreme court shall appoint one reporter of its decisions, 
who shall hold his office for six years, subject to removal by the court. 

§ 10. At the time of the election for representatives in the General 



152 ILLINOIS AND THE NATION. 

Assembly, happening next preceding the expiration of the terms of office 
of the present clerks of said court, one clerk of said court, for each divis- 
ion shall be elected, whose term of office shall be six years from said 
election, but who shall not enter upon the duties of his office until the 
expiration of the term of his predecessor, and every six years thereafter 
one clerk of said court for each division shall be elected. 

APPELLATE COURTS. 

§ II. After the year of our Lord one thousand eight hundred and 
seventy-four, inferior appellate courts, of uniform organization and juris- 
diction, may be created in districts formed for that purpose, to which 
such appeals and writs of error as the General Assembly may pro- 
vide, may be prosecuted from circuit or other courts, and from which 
appeals and writs of error shall lie to the supreme court, in all criminal 
cases, and cases in which a franchise, or freehold, or the validity of a 
statute is involved, and in such other cases as may be provided by law. 
Such appellate courts shall be held by such number of judges of the cir- 
cuit courts, and at such times and places, and in such manner as may be 
provided by law; but no judge shall sit in review upon cases decided by 
him; nor shall said judges receive any additional compensation for such 
services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of all causes 
in law and equity, and such appellate jurisdiction as is or may be pro- 
vided by law, and shall hold two or more terms each year in every county. 
The terms of office of judges of circuit courts shall be six years. 

§ 13. The State, exclusive of the county of Cook and other counties 
having a population of one hundred thousand, shall be divided into judicial 
circuits, prior to the expiration of the terms of office of the present judges 
of the circuit courts. Such circuits shall be formed of contiguous coun- 
ties, in as nearly compact form and as nearly equal as circumstances will 
permit, having due regard to business, territory and population, and shall 
not exceed in number one circuit for every one hundred thousand of 
population in the State. One judge shall be elected for each of said cir- 
cuits by the electors thereof. New circuits may be formed and the boun- 
daries of circuits changed by the General Assembly, at its session next 
preceding the election for circuit judges, but at no other time. Provided, 
that the circuits may be equalized or changed at the first session of the 
General Assembly after the adoption of this constitution. The creation, 
alteration or change of any circuit shall not affect the tenure of office of 



APPENDIX. 153 

any judge. Whenever the business of the circuit court of any one, or of 
two or more contiguous counties, containing a population exceeding fifty 
thousand, shall occupy nine months of the year, the General Assembly 
may make of such county, or counties, a separate .circuit. Whenever 
additional circuits are created, the foregoing limitations shall be 
observed. 

g 14. The General Assembly shall provide for the times of 
holding court in each county; which shall not be changed, except by the 
General Assembly next preceding the general election for judges of said 
courts; but additional terms may be provided for in any county. The 
election for judges of the circuit courts shall be held on the first Monday 
in June, in the year of our Lord one thousand eight hundred and sev- 
enty-three, and every six years thereafter. 

§ 15. The General Assembly may divide the State into judicial cir- 
cuits of greater population and territory, in lieu of the circuits provided 
for in section thirteen of this article, and provide for the election therein, 
severally, by the electors thereof, by general ticket, of not exceeding 
four judges, who shall hold the circuit courts in the circuit for which 
they shall be elected, in such manner as may be provided by law. 

§ 16. From and after the adoption of this constitution, judges of 
the circuit courts shall receive a salary of three thousand dollars per 
annum, payable quarterly, until otherwise provided by law. And 
after their salaries shall be fixed by law, they shall not be 
increased or diminished during the terms for which said judges 
shall be respectively elected; and from and after the adoption of this 
constitution, no judge of the supreme or circuit court shall receive any 
other compensation, perquisite or benefit, in any form whatsoever, nor 
perform any other than judicial duties to which may belong any emolu- 
ments. 

§ 17. No person shall be eligible to the office of judge of the circuit 
or any inferior court, or to membership in the "board of county com- 
missioners," unless he shall be at least twenty-five years of age, and a 
citizen of the United States, nor unless he shall have resided in this State 
.five years next preceding his election, and be a resident of the circuit, 
county, city, cities, or incorporated town in which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the General Assembly may create districts of two or 



154 ILLINOIS AND THE NATION. 

more contiguous counties, in each of which shall be elected one 
judge, who shall take the place of, and exercise the powers and juris- 
diction of county judges in such districts. County courts shall be courts 
of records, and shall have original jurisdiction in all matters of probate; 
settlement of estates of deceased persons; appointment of guardians 
and conservators, and settlements of their accounts; in all matters relat- 
ing to apprentices; and in proceedings for the collection of taxes and 
assessments, and such other jurisdiction as may be provided for by gen- 
eral law. 

§ 19. Appeals and writs of error shall be allowed from final deter- 
minations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The General Assembly may provide for the establishment of a 
probate court in each county having a population of over fifty thousand, 
and for the election of a judge thereof, whose term of office shall be 
the same as that of the county judge, and who shall be elected at the 
same time and in the same manner. Said courts, when established, shall 
have original jurisdiction of all probate matters, the settlement of estates 
of deceased persons, the appointment of guardians and conservators, and 
settlements of their accounts; in all matters relating to apprentices, and 
in cases of sales of real estate of deceased persons for the payment of 
debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates and constables shall 
be elected in and for such districts as are, or may be, provided by law, 
and the jurisdiction of such justices of the peace and police magistrates 
shall be uniform. 

state's attorneys. 

§ 22. At the election for members of the General Assembly in the 
year of our Lord one thousand eight hundred and seventy-two, and 
every four years thereafter, there shall be elected a State's attorney in 
and for each county, in lieu of the State's attorneys now provided by 
law, whose term of office shall be four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The cir- 
cuit court of Cook county shall consist of five judges, until their number 
shall be increased, as herein provided. The present judge of the record- 
er's court of the city of Chicago, and the present judge of the circuit 



APPENDIX. 155 

court of Cook county, shall be two of said judges, and shall remain ia 
office for the terms for which they were respectively elected, and until 
their successors shall be elected and qualified. The superior court of 
Chicago shall be continued and called the "Superior Court of Cook 
county." The General Assembly may increase the number of said 
judges, by adding one to either of said courts for every additional fifty 
thousand inhabitants in said county over and above a population of four 
hundred thousand. The terms of office of the judges of said courts, 
hereafter elected, shall be six years. 

§ 24. The judge having the shortest unexpired term shall be chief- 
justice of the court of which he is a judge. In case there are two or 
more whose terms expire at the same time, it may be determined by lot 
which shall be chief -justice. Any judge of either of said courts shall 
have all the powers of a circuit judge, and may hold the court of which 
he is a member. Each of them may hold a different branch thereof at 
the same time. 

§ 25. The judges of the superior and circuit courts, and the State's 
attorney, in said county, shall receive the same salaries, payable out of 
the State treasury, as is or may be paid from said treasury to the circuit 
judges and State's attorneys of the State, and such further com- 
pensation, to be paid by the county of Cook, as is or may be provided 
by law. Such compensation shall not be changed during their continu- 
ance in office. 

§ 26. The recorder's court of the city of Chicago shall be continued, 
and shall be called the " Criminal Court of Cook county." It shall have 
the jurisdiction of a circuit court in all cases of criminal and quasi crim- 
inal nature, arising in the county of Cook, or that may be brought before 
said court pursuant to law; and all recognizances and appeals taken in 
said county, in criminal and quasi criminal cases shall be returnable and 
taken to said court. It shall have no jurisdiction in civil cases, except 
in those on behalf of the people, and incident to such criminal or quasi 
criminal matters, and to dispose of unfinished business. The terms of 
said criminal court of Cook county shall be held by one or more of the 
judges of the circuit or superior court of Cook county, as nearly as may 
be in alternation, as may be determined by said judges, or provided by 
law. Said judges shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of Chicago 
shall be the clerk of the criminal court of Cook county, during the term 
for which he was elected. The present clerks of the superior court of 
Chicago, and the present clerk of the circuit court of Cook county, shall 



156 ILLINOIS AND THE NATION. 

continue in office during the terms for which they were respectively 
elected; and thereafter there shall be but one clerk of the superior court, 
to be elected by the qualified electors of said county, who shall hold his 
office for the term of four years, and until his successor is elected and 
qualified. 

§ 28. All justices of the peace in the city of Chicago shall be ap- 
pointed by the governor, by and with the advice and consent of the 
senate (but only upon the recommendation of a majority of the judges 
of the circuit, superior and county courts), and for such districts as are 
now or shall hereafter be provided by law. They shall hold their offi- 
ces for four years, and until their successors have been commissioned 
and qualified, but they may be removed by summary proceeding in the 
circuit or superior court, for extortion or other malfeasance. Existing 
justices of the peace and police magistrates may hold their offices until 
the expiration of their respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general, and of uniform operation; 
and the organization, jurisdiction, powers, proceedings and practice of 
all courts, of the same class or grade, so far as regulated by law, and the 
force and effect of the process, judgments and decrees of such courts, 
severally, shall be uniform. 

§ 30. The General Assembly may, for cause entered on the journals, 
upon due notice and opportunity of defense, remove from office any 
judge, upon concurrence of three-fourths of all the members elected, of 
each house All other officers in this article mentioned, shall be re- 
moved from office on prosecution and final conviction, for misdemeanor 
in office. 

§ 31. All judges of courts of record, inferior to the supreme court, 
shall, on or before the first day of June, of each year, report in writing to 
the judges of the supreme court, such defects and omissions in the laws 
as their experience may suggest; and the judges of the supreme court 
shall, on or before the first day of January, of each year, report in writ- 
ing to the governor such defects and omissions in the constitution and 
laws as they may find to exist, together with appropriate forms of bills to 
cure such defects and omissions in the laws. And the judges of the sev- 
eral circuit courts shall report to the next General Assembly, the number 
of days they have held court in the several counties composing their re- 
spective circuits, the preceding two years. 



APPENDIX. 157 

§ 32. All officers provided for in this article shall hold their offices 
until their successors shall Le qualified, and they shall, respectively, re- 
side in the division, circuit, county or district for which they may be 
elected or appointed. The terms of office of all such officers, where not 
otherwise prescribed in this article, shall be four years. All officers, 
where not otherwise provided for in this article, shall perform such duties 
and receive such compensation as is, or may be, provided by law. Va- 
cancies in such elective offices shall be filled by election; but where the 
unexpired term does not exceed one year, the vacancy shall be filled by 
appointment, as follows: Of judges, by the governor; of clerks of courts, 
by the court to which the office appertains, or by the judge or judges 
thereof; and of all such other offices, by the board of supervisors, or 
board of county commissioners, in the county where the vacancy occurs. 

§ 33. All process shall run: In the name of the People of the State 
of Illinois; and all prosecutions shall be carried on: hi the name and by 
the authority of the People of the State of Illinois; and conclude: Against 
the peace and dignity of the same. " Population," wherever used in this 
article, shall be determined by the next preceding census of this State, 
or of the United States. 

ARTICLE VII. 

SUFFRAGE. 

§ I. Every person having resided in this State one year, in the 
county ninety days, and in the election district thirty days next preceding 
any election therein, who was an elector in this State on the first day of 
April, in the year of our Lord one thousand eight hundred and forty- 
eight, or obtained a certificate of naturalization, before any court of 
record in this State, prior to the first day of January, in the year of our 
Lord one thousand eight hundred and seventy, or who shall be a male 
citizen of the United States, above the age of twenty-one years, shall be 
entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach of 
the peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. And no elector shall be 
obliged to do military duty on the days of election, .except in time of war 
or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on the business of the United States, or 
of this State, or in the military or naval service of the United States. 



158 ILLINOIS AND THE NATION. 

§ 5. No soldier, seaman or marine in the army or navy of the 
United States, shall be deemed a resident of this State in consequence of 
being stationed therein. 

§ 6. No person shall be elected or appointed to any office in this 
State, civil or military, who is not a citizen of the United States, and who 
shall not have resided in this State one year next preceding the election 
or appointment. 

§ 7. The General Assembly shall pass laws excluding from the right 
of suffrage persons convicted of infamous crimes. 

ARTICLE VIII. 

EDUCATION. 

§ I. The General Assembly shall provide a thorough and efficient 
system of free schools, whereby all children of this State may receive a 
good common school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which such 
gifts or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything in aid 
of any church or sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university, or other literary or scien- 
tific institution, controlled by any church or sectarian denomination 
whatever; nor shall any grant or donation of land, money, or other per- 
sonal property ever be made by the State, or any such public corporation, 
to any church, or for any sectarian purpose. 

§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, apparatus 
or furniture, used or to be used, in any school in this State, with which 
such officer or teacher may be connected, under such penalties as may be 
provided by the General Assembly. 

§' 5. There may be a county superintendent of schools in each county 
whose qualifications, powers, duties, compensation, and time and manner 
of election, and term of office, shall be prescribed by law. 

ARTICLE IX. 

REVENUE. 

§ i. The General Assembly shall provide such revenue as may be 



APPENDIX. 159 

needful by levying a tax, by valuation, so that every person and corpo- 
ration shall pay a tax in proportion to the value of his, her, or its 
property — such value to be ascertained by some person or persons, to be 
elected or appointed in such manner as the General Assembly shall direct, 
and not otherwise; but the General Assembly shall have power to tax 
peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, 
k showmen, jugglers, inn-keepers, grocery-keepers, liquor-dealers, toll- 
bridges, ferries, insurance, telegraph and express interests or business, 
venders of patents, and persons or corporations owning or using fran- 
chises and privileges, in such manner as it shall, from time to time, direct 
by general law, uniform as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation shall 
not deprive the General Assembly of the power to require other subjects 
or objects to be taxed, in such manner as may be consistent with the 
principles of taxation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal cor- 
porations, both real and personal, and such other property, as may be 
used exclusively for agricultural and horticultural societies, for school, 
religious, cemetery and charitable purposes, may be exempted from tax- 
ation; but such exemption shall be only by general law. In the assess- 
ment of real estate incumbered by public easement, any depreciation 
occasioned by such easement may be deducted in the valuation of such 
property. 

§ 4. The General Assembly shall provide, in all cases where it may 
be necessary to sell real estate for the non-payment of taxes or special 
assessments, for State, county, municipal, or other purposes, that a return 
of such unpaid taxes or assessments shall be made to some general officer 
of the county, having authority to receive State and county taxes; and 
there shall be no sale of said property for any of said taxes or assess- 
ments but by said officer, upon the order or judgment of some court of 
record. 

§ 5. The right of redemption from all sales of real estate, for the 
non-payment of taxes or special assessments of any character, whatever, 
shall exist in favor of owners and persons interested in such real estate, 
for a period of not less than two years from such sales thereof. And 
the General Assembly shall provide, by law, for reasonable notice to be 
given to the owners or parties interested, by publication or otherwise, of 
the fact of the sale of the property for such taxes or assessments, and 
when the time of redemption shall expire: Provided, that occupants 
shall in all cases be served with personal notice before the time of re- 
demption expires. 



160 ILLINOIS AND THE NATION. 

§ 6. The General Assembly shall have no power to release or dis- 
charge any county, city, township, town or district, whatever, or the 
inhabitants thereof, or the property therein, from their or its proportion- 
ate share of taxes to be levied for State purposes, nor shall commutation 
for such taxes be authorized in any form whatsoever. 

§ 7. All taxes levied for State purposes shall be paid into the State 
treasury. 

§ 8. County authorities shall never assess taxes, the aggregate of 
which shall exceed seventy-five cents per one hundred dollars' valuation, 
except for the payment of indebtedness existing at the adoption of this 
constitution, unless authorized by a vote of the people of the county. 

§ 9. The General Assembly may vest the corporate authorities of 
cities, towns, and villages, with power to make local improvements by 
special assessment or by special taxation of contiguous property, or 
otherwise. For all other corporate purposes, all municipal corporations 
may be vested with authority to assess and collect taxes; but such taxes 
shall be uniform in respect to persons and property, within the jurisdic- 
tion of the body imposing the same. 

§ 10. The General Assembly shall not impose taxes upon municipal 
corporations, or the inhabitants or property thereof, for corporate pur- 
poses, but shall require that all the taxable property within the limits of 
municipal corporations shall be taxed for the payment of debts contracted 
under authority of law, such taxes to be uniform in respect to persons 
and property, within the jurisdiction of the body imposing the same. 
Private property shall not be liable to be taken or sold for the payment 
of the corporate debts of a municipal corporation. 

§ 11. No person who is in default, as collector or custodian of 
money or property belonging to a municipal corporation, shall be eligible 
to any office in or under such corporation. The fees, salary or compen- 
sation of no municipal officer who is elected or appointed for a definite 
term of office, shall be increased or diminished during such term. 

§ 12. No county, city, township, school district, or other municipal 
corporation, shall be allowed to become indebted in any manner or for 
any purpose, to an amount, including existing indebtedness, in the ag- 
gregate exceeding five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for State and county 
taxes, previous to the incurring of such indebtedness. Any county, 
city, school district, or other municipal corporation, incurring any indebt- 
edness as aforesaid, shall before, or at the time of doing so, provide 
for the collection of a direct annual tax sufficient to pay the interest on 



APPENDIX. 161 

such debt, as it falls due, and also to pay and discharge the principal 
thereof within twenty years from the time of contracting the same. 
This section shall not be construed to prevent any county, city, town- 
ship, school district, or other municipal corporation, from issuing their 
bonds in compliance with any vote of the people which may have been 
had prior to the adoption of this constitution in pursuance of any law 
providing therefor. 

ARTICLE X. 

COUNTIES. 

§ i. No new county shall be formed or established by the General 
Assembly, which will reduce the county or counties, or either of them, 
from which it shall be taken, to less contents than four hundred square 
miles; nor shall any county be formed of less contents; nor shall any 
line thereof pass within less than ten miles of any county seat of the 
county or counties proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken there- 
from, without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county, voting 
on the question, shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless a 
majority of the voters living in such territory, shall petition for such di- 
vision; and no territory shall be added to any county without the consent 
of the majority of the voters of the county to which it is proposed to be 
added. But the portion so stricken off and added to another county, 
or formed in whole or in part into a new county, shall be holden for, and 
obliged to pay its proportion of the indebtedness of the county from 
which it has been taken. 

COUNTY SEATS. 

§ 4. No county seat shall be removed until the point to which it is 
proposed to be removed shall be fixed in pursuance of law, and three-fifths 
of the voters of the county, to be ascertained in such manner as shall be 
provided by general law, shall have voted in favor of its removal to such 
point; and no person shall vote on such question who has not resided in 
the county six months, and in the election precinct ninety days next pre- 
ceding such election. The question of the removal of a county seat shall 
not be oftener submitted than once in ten years, to a vote of the people. 
But when an attempt is made to remove a county seat to a point nearer 
to the center of a county, then a majority vote only shall be necessary. 
11 



162 ILLINOIS AND THE NATION. 

COUNTY GOVERNMENT. 

§ 5. The General Assembly shall provide, by general law, for town- 
ship organization, under which any county may organize whenever a ma- 
jority of the legal voters of such county, voting at any general election, 
shall so determine, and whenever any county shall adopt township or- 
ganization, so much of this constitution as provides for the management 
of the fiscal concerns of the said county by the board of county commis- f 
sioners, may be dispensed with, and the affairs of said county may be 
transacted in such manner as the General Assembly may provide. And 
in any county that shall have adopted a township organization, the ques- 
tion of continuing the same may be submitted to a vote of the electors 
of such county, at a general election, in the manner that now is or may 
be provided by law; and if a majority of all the votes cast upon that 
question shall be against township organization, then such organization 
shall cease in said county; and all laws in force in relation to counties 
not having township organization, shall immediately take effect and be in 
force in such county. No two townships shall have the same name, and 
the day of holding the annual township meeting shall be uniform 
throughout the State. 

§ 6. At the first election of county judges under this constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled " The board of 
county commissioners," who shall hold sessions for the transaction of 
county business as shall be provided by law. One of said commissioners 
shall hold his office for one year, one for two years, and one for three 
years, to be determined by lot; and every year thereafter one such officer 
shall be elected in each of said counties for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fifteen persons, ten of whom shall be elected 
from the city of Chicago, and five from towns outside of said city, in such 
manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

*§ 8. In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after the first 
Monday in November, A. D. 1S82 : A county judge, county clerk, 
sheriff, and treasurer, and at the election to be held on the Tuesday after 
the first Monday in November, A. D. 1884, a coroner and clerk of 
the circuit court (who may be ex-officio recorder of deeds, except in 

*As amended in 1880. 



APPENDIX. 163 

counties having 60,000 and more inhabitants, in which counties a re- 
corder of deeds shall be elected at the general election in 1854.) Each 
of said officers shall enter upon the duties of his office, respectively, 
on the first Monday of December after his election, and thev shall 
hold their respective offices for the term of four years, and until their 
successors are elected and qualified: Provided, that no person having 
once been elected to the office of sheriff or treasurer shall be eligible to 
re-election to said office for four years after the expiration of the term for 
which he shall have been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder cf deeds of Cook county, shall receive as their only 
compensation for their services, salaries to be fixed by law, which shall 
in no case be as much as the lawful compensation of a judge of the cir- 
cuit court of said county, and shall be paid, respectively, only out of the 
fees of the office actually collected. All fees, perquisites and emolu- 
ments (above the amounts of said salaries) shall be paid into the county 
treasury. The number of the deputies and assistants of such officers 
shall be determined by rule of the circuit court, to be entered of record, 
and their compensation shall be determined by the county board. 

v$ 10. The county board, except as provided in section nine of this 
article, shall fix the compensation of all county officers, with the amount 
of their necessary clerk hire, stationery, fuel and other expenses, and in 
all cases where fees are provided for, said compensation shall be paid 
only out of, and shall in no instance exceed, the fees actually collected; 
they shall not allow either of them more per annum than fifteen hundred 
dollars, in counties not exceeding twenty thousand inhabitants; two 
thousand dollars, in counties containing twenty thousand and not exceed- 
ing thirty thousand inhabitants; twenty-five hundred dollars, in counties 
containing thirty thousand and not exceeding fifty thousand inhabitants; 
three thousand dollars, in counties containing fifty thousand and not ex- 
ceeding seventy thousand inhabitants; thirty-five hundred dollars, in 
counties containing seventy thousand and not exceeding one hundred 
thousand inhabitants; and four thousand dollars, in counties containing 
one hundred thousand and not exceeding two hundred and fifty thousand 
inhabitants; and not more than one thousand dollars additional compen- 
sation for each additional one hundred thousand inhabitants. Provided, 
that the compensation of no officer shall be increased or diminished dur- 
ing his term of office. All fees or allowances by them received, in excess 
of their said compensation, shall be paid into the county treasury. 

§ 11. The fees of township officers, and of each class of county 



164 ILLINOIS AND THE NATION. 

officers, shall be uniform in the class of counties to which they respect- 
ively belong. The compensation herein provided for shall apply only to 
officers hereafter elected, but all fees established by special laws shall 
cease at the adoption of this constitution, and such officers shall receive 
only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township offi- 
cers, shall terminate with the terms respectively of those who may be in 
office at the meeting of the first General Assembly after the adoption of 
this constitution ; and the General Assembly shall, by general law, uni- 
form in its operation, provide for and regulate the fees of said officers 
and their successors, so as to reduce the same to a reasonable compensa- 
tion for services actually rendered. But the General Assembly may, by 
general law, classify the counties by population into not more than three 
classes, and regulate the fees according to class. This article shall not 
be construed as depriving the General Assembly of the power to reduce 
the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office in this 
State, who shall be paid in whole or in part by fees, shall be required by 
law to make a semi-annual report, under oath, to some officer to be des- 
ignated by law, of all his fees and emoluments. 

ARTICLE XI. 

CORPORATIONS. 

§ 1. No corporation shall be created by special laws, or its charter 
extended, changed, or amended, except those for charitable, educational, 
penal or reformatory purposes, which are to be and remain under the 
patronage and control of the State, but the General Assembly shall pro- 
vide, by general laws, for the organization of all corporations hereafter 
to be created. 

§ 2. All existing charters or grants of special or exclusive privi- 
leges, under which organization shall not have taken place, or which 
shall not have been in operation within ten days from the time this con- 
stitution takes effect, shall thereafter have no validity or effect whatever. 

§ 3. The General Assembly shall provide, by law, that in all elec- 
tions for directors or managers of incorporated companies, every stock- 
holder shall have the right to vote, in person or by proxy, for the 
number of shares of stock owned by him, for as many persons as there 
are directors and managers to be elected, or to cumulate said shares, 
and give one candidate as many votes as the number of directors multi- 
plied by the number of his shares of stock, shall equal, or distribute them 



APPENDIX. 165 

on the same principle among as many candidates as he shall think fit; 
and such directors or managers shall not be elected in any other manner. 
§ 4. No law shall be passed by the General Assembly, granting the 
right to construct and operate a street railroad within any city, town, or 
incorporated village, without requiring the consent of the local authori- 
ties having the control of the street or highway proposed to be occupied 
by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation or joint stock company 
or association for banking purposes, now created, or to be hereafter cre- 
ated. No act of the General Assembly authorizing or creating corpo- 
rations or associations, with banking powers, whether of issue, depositor 
discount, nor amendments thereto, shall go into effect, or in any manner 
be in force, unless the same shall be submitted to a vote of the people at 
the general election next succeeding the passage of the same, and be 
approved by a majority of all the votes cast at such an election for or 
against such law. 

§ 6. Every stockholder in a banking corporation or institution shall 
be individually responsible and liable to its creditors, over and above the 
amount of stock by him or her held, to an amount equal to his or her 
respective shares so held, for all its liabilities accruing while he or she 
remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, on 
their circulation, created by the laws of this State, shall never be permit- . 
ted or sanctioned. Every banking association now, or which may here- 
after be, organized under the laws of this State, shall make and publish 
a full and accurate quarterly statement of its affairs (which shall be cer- 
tified to, under oath, by one or more of its officers), as may be provided 
by law. 

§ 8. If a general banking law shall be enacted, it shall provide for 
the registry and countersigning, by an officer of State, of all bills or 
paper credit, designed to circulate as money, and require security, to the 
full amount thereof, to be deposited with the State treasurer, in United 
States or Illinois State stocks, to be rated at ten per cent, below their 
par value; and in case of a depreciation of said stocks to the amount of 
ten per cent, below par, the bank or banks owning said stocks shall be 
required to make up said deficiency, by depositing additional stocks. 
And said law shall also provide for the recording of the names of all 
stockholders in such corporation, the amount of stock held by each, the 
time of any transfer thereof, and to whom such transfer is made. 



166 ILLINOIS AND THE NATION. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing business in this 
State, under the laws or authority thereof, shall have and maintain a pub- 
lic office or place in this State for the transaction of its business, where 
transfers of stock shall be made and in which shall be kept, for public 
inspection, books, in which shall be recorded the amount of capital stock 
subscribed, and by whom; the names of the owners of its stock, and 
the amounts owned by them respectively; the amount of stock paid in, 
and by whom; the transfers of said stock; the amount of its assets and 
liabilities, and the names and place of residence of its officers. The di- 
rectors of every railway corporation shall, annually, make a report, under 
oath, to the auditor of public accounts, or some officer to be designated 
by law, of all their acts and doings, which report shall include such mat- 
ters relating to railroads as may be prescribed by law. And the General 
Assembly shall pass laws enforcing by suitable penalties the provisions of 
this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be considered 
personal property, and shall be liable to execution and sale in the same 
manner as the personal property of individuals, and the General Assem- 
bly shall pass no law exempting any such property from execution and 
sale. 

§ 11. No railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel or 
competing line; and in no case shall any consolidation take place except 
upon public notice given, of at least sixty days, to all stockholders, in 
such manner as may be provided by law. A majority of the directors of 
any railroad corporation, now incorporated or hereafter to be incorpora- 
ted by the laws of this State, shall be citizens and residents of this State. 

§ 12. Railways heretofore constructed or that may hereafter be con- 
structed in this State, are hereby declared public highways, and shall be 
free to all persons, for the transportation of their persons and property 
thereon, under such regulations as may be prescribed by law. And 
the General Assembly shall, from time to time, pass laws establishing 
reasonable maximum rates of charges for the transportation of passen- 
gers and freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock or bonds, except 
for money, labor or property, actually received, and applied to the pur- 
pose for which such corporation was created; and all stock dividends, and 
other fictitious increase of capital stock or indebtedness of any such cor- 



APPENDIX. 167 

poration, shall be void. The capital stock of no railroad corporation 
shall be increased for any purpose, except upon giving sixty days' public 
notice, in such manner as may be provided by law. 

§ 14. The exercise of the power, and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, by the 
General Assembly, of the property and franchises of incorpoiated com- 
panies already organized, and subjecting them to the public necessity the 
same as of individuals. The right of trial by jury shall be held inviolate 
in all trials of claims for compensation, when, in the exercise of the 
said right of eminent domain, any incorporated company shall be inter- 
ested either for or against the exercise of said right. 

§ 15. The General Assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in the rates of freight and 
passenger tariffs on the different railroads in this State, and enforce 
such laws, by adequate penalties, to the extent, if necessary for that pur- 
pose, of forfeiture of their property and franchises. 

ARTICLE XII. 

MILITIA. 

§ i. The militia of the State of Illinois shall consist of all able 
bodied male persons, resident in the State, between the ages of eighteen 
and forty-five, except such persons as now are, or hereafter may be, 
exempted by the laws of the United States, or of this State. 

§ 2. The General Assembly, in providing for the organization, 
equipment and discipline of the militia, shall conform as nearly as prac- 
ticable to the regulations for the government of the armies of the United 
States. 

§ 3. All militia officers shall be commissioned by the governor, and 
may hold their commissions for such time as the General Assembly may 
provide. 

§ 4. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attendance at 
musters and elections, and in going to and returning from the same. 

§ 5. The militaty records, banners and relics of the State shall be 
preserved as an enduring memorial of the patriotism and valor of Illi- 
nois, and it shall be the duty of the General Assembly to provide by 
law for the safe keeping of the same. 

§ 6. No person having conscientious scruples against bearing arms, 
shall be compelled to do militia duty in time of peace. Provided, such 
person shall pay an equivalent for such exemption. 



168 ILLINOIS AND THE NATION. 

ARTICLE XIII. 

WAREHOUSES. 

§ i. All elevators or storehouses where grain or other property is 
stored for a compensation, whether the property stored be kept separate 
or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every public ware- 
house situated in any town or city of not less than one hundred thousand 
inhabitants, shall make weekly statements under oath, before some officer 
to be designated by law, and keep the same posted in some conspicuous 
place in the office of such warehouse, and shall also file a copy for public 
examination in such place as shall be designated by law, which state- 
ment shall correctly set forth the amount and grade of each and every 
kind of grain in such warehouse, together with such other property as 
may be stored therein, and what warehouse receipts have been issued, 
and are, at the time of making such statement, outstanding therefor; 
and shall, on the copy posted in the warehouse, note daily such changes 
as may be made in the quantity and grade of grain in such warehouse; 
and the different grades of grain shipped in separate lots, shall not 
be mixed with inferior or superior grades, without the consent of the 
owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder of 
a receipt for the same, shall always be at liberty to examine such prop- 
erty stored, and all the books and records of the warehouse, in regard to 
such property. 

§ 4. All railroad companies and other common carriers on railroads 
shall weigh or measure grain at points where it is shipped, and receipt 
for the full amount, and shall be responsible for the delivery of such 
amount to the owner or consignee thereof, at the place of destination. 

§ 5. All railroad companies receiving and transporting grain in bulk 
or otherwise, shall deliver the same to any consignee thereof, or any 
elevator or public warehouse to which it may be consigned, provided 
such consignee or the elevator or public warehouse can be reached by any 
track owned, leased or used, or which can be used, by such railroad 
companies; and all railroad companies shall permit connections to be 
made with their track, so that any such consignee, and any public ware- 
house, coal bank or coal yard, may be reached by the cars on said rail- 
road. 

§ 6. It shall be the duty of the General Assembly to pass all neces- 
sary laws to prevent the issue of false and fraudulent warehouse receipts, 
and to give full effect to this article of the constitution, which shall be 



APPENDIX. 169 

liberally construed so as to protect producers and shippers. And the 
enumeration of the remedies herein named shall not be construed to 
deny to the General Assembly the power to prescribe by law such other 
and further remedies as may be found expedient, or to deprive any per- 
son of existing- common law remedies. 

§ 7. The General Assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers and receivers of grain 
and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. Whenever two-thirds of the members of each house of the Gen- 
eral Assembly shall, by a vote entered upon the journals thereof, concur 
that a convention is necessary to revise, alter or amend the constitution, 
the question shall be submitted to the electors at the next general elec- 
tion. If a majority voting at the election vote for a convention, the 
General Assembly shall, at the next session, provide for a convention, to 
consist of double the number of members of the senate, to be elected in 
same manner, at the same places, and in the same districts. The Gen- 
eral Assembly shall, in the act calling the convention, designate the day, 
hour and place of its meeting, fixing the pay of its members and officers, 
and provide for the payment of the same, together with the expenses 
necessarily incurred by the convention in the performance of its duties. 
Before proceeding, the members shall take an oath to support the consti- 
tution of the United States, and of the State of Illinois, and to faithfully 
discharge their duties as members of the convention. The qualification 
of members shall be the same as that of members of the senate, and 
vacancies occurring shall be filled in the manner provided for filling 
vacancies in the General Assembly. Said convention shall meet within 
three months after such election, and prepare such revision, alteration 
or amendments of the constitution as shall be deemed necessary, which 
shall be submitted to the electors for their ratification or rejection, at an 
election appointed by the convention for that purpose, not less than two 
nor more than six months after the adjournment thereof; and unless so 
submitted and approved, by a majority of the electors voting at the 
election, no such revision, alteration or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the General Assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each of the two houses, such 
proposed amendments, together with the yeas and nays of each house 
thereon, shall be entered in full on their respective journals, and said 



170 ILLINOIS AND THE NATION. 

amendments shall be submitted to the electors of this State for adoption 
or rejection, at the next election of members of the General Assembly, in 
such manner, as may be prescribed by law. The proposed amendments 
shall be published in full at least three months preceding the election, 
and if a majority of the electors voting at said election shall vote for the 
proposed amendments, they shall become a part of this constitution. 
But the General Assembly shall have no power to propose amendments 
to more than one article of this constitution at the same session, nor to 
the same article oftener than once in four years. 

SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

No contract, obligation or liability whatever, of the Illinois Central 
Railroad Company, to pay any money into the State treasury, nor any 
lien of the State upon, or right to tax property of said company, in 
accordance with the provisions or the charter of said company, approved 
February tenth, in the year of our Lord one thousand eight hundred and 
fifty-one, shall ever be released, suspended, modified, altered, remitted, or 
in any manner diminished or impaired by legislative or other authority; 
and all moneys derived from said company, after the payment of the 
State debt, shall be appropriated and set apart for the payment of the 
ordinary expenses of the State government, and for no other purposes 
whatever. 

MINORITY REPRESENTATION. 

(See Sections 7 and S, Article 4.) 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private corpora- 
tion, or make donation to or loan its credit in aid of such corporation. 
Provided, however, that the adoption of this article shall not be construed 
as affecting the right of any such municipality to make such subscriptions 
where the same have been authorized, under existing laws, by a vote of 
the people of such municipalities prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have been 
submitted to a vote of the people of the State, at a general election, and 
have been approved by a majority of all the votes polled at such election. 



APPENDIX. 171 

The General Assembly shall never loan the credit of the State, or make 
appropriations from the treasury thereof, in aid of railroads or canals. 
Provided, that any surplus earnings of any canal may be appropriated for 
its enlargement or extension. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same into 
complete effect, it is hereby ordained and declared: 

§ i. That all laws in force at the adoption of this constitution, not 
inconsistent therewith, and all rights, actions, prosecutions, claims and 
contracts of this State, individuals, or bodies corporate, shall continue to 
be as valid as if this constitution had not been adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and owing 
to the State of Illinois under the present constitution and laws, shall 
inure to the use of the people of the State of Illinois, under this con- 
stitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to the 
people of the State of Illinois, to any State or county officer or public 
body, shall remain binding and valid; and rights and liabilities upon the 
same shall continue, and all crimes and misdemeanors shall be tried and 
punished as though no change had been made in the constitution of this 
State. 

§ 4. County courts for the transaction of county business in coun- 
ties not having adopted township organization, shall continue in existence, 
and exercise their present jurisdiction until the board of county commis- 
sioners provided in this constitution, is organized in pursuance of an act 
of the General Assembly; and the county courts in all other counties 
shall have the same power and jurisdiction they now possess until other- 
wise provided by law. 

§ 5. All existing courts which are not in this constitution specifically 
enumerated, shall continue in existence and exercise their present juris- 
diction until otherwise provided by law. 

§ 6. All persons now filling any office or appointment shall con- 
tinue in the exercise of the duties thereof according to their respective 
commissions or appointments, unless by this constitution it is otherwise 
directed. 

[Sections 7 to 17, both inclusive, providing for the submission of this constitu- 
tion and voting thereon, by the people, become inoperative by the adoption of this 
constitution.] 



172 ILLINOIS AND THE NATION. 

•§ 7. On the day this constitution is submitted to the people for rati- 
fication, an election shall be held for judges of the supreme court in the 
second, third, sixth and seventh judicial election districts designated in 
this constitution, and for the election of three judges of the circuit court 
in the county of Cook, as provided for in the article of this constitution 
relating to the judiciary, at which election every person entitled to vote, 
according to the terms of this constitution, shall be allowed to vote, and 
the election shall be otherwise conducted, returns made, and certificates 
issued, in accordance with existing laws, except that no registry shall be 
required at said election. Provided, that at said election in the county 
of Cook no elector shall vote for more than two candidates for circuit 
judge. If, upon canvassing the votes for and against the adoption of 
this constitution, it shall appear that there has been polled a greater num- 
ber of votes against than for it, then no certificates of election shall be 
issued for any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the State 
of Illinois for adoption or rejection at an election to be held on the first 
Saturday in July, in the year of our Lord one thousand eight hundred 
and seventy, and there shall be separately submitted at the same time, 
for adoption or rejection, sections nine, ten, eleven, twelve, thirteen, 
fourteen and fifteen relating to railroads, in the article entitled "Cor- 
porations/' the article entitled "Counties," the article entitled "Ware- 
houses," the question of requiring a three-fifths vote to remove a county 
seat, the section relating to the Illinois Central Railroad, the section in 
relation to minority representation, the section relating to municipal 
subscriptions to railroads or private corporations, and the section relating 
to the canal. Every person entitled to vote under the provisions of this 
constitution, as defined in the article in relation to suffrage, shall be en- 
titled to vote for the adoption or rejection of this constitution, and for or 
against the articles, sections and questions aforesaid, separately submitted, 
and the said qualified electors shall vote at the usual places of voting, 
unless otherwise provided; and the said election shall be conducted, and 
returns thereof made, according to the laws now in force regulating gen- 
eral elections, except that no registry shall be required at said election. 
Provided, however, that the polls shall be kept open for the reception of 
ballots until sunset of said day of election. 

§ 9. The secretary of State shall, at least twenty days before said 
election, cause to be delivered to the county clerk of each county, blank 
poll-books, tally-lists, and forms of return, and twice the number of 
properly prepared printed ballots for the said election that there are voters 



APPENDIX. 173 

in such county, the expense whereof shall be audited and paid as other 
public printing ordered by the secretary of State is, by law, required to 
be audited and paid, and the several county clerks shall, at least five days 
before said election, cause to be distributed to the board of election, in 
each election district in their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets. 

§ 10. At the said election the ballots shall be in the following form: 

NEW CONSTITUTION TICKET. 

For all the propositions on this ticket which are not canceled with 
ink or pencil, and against all propositions which are so canceled. 

For the new constitution. 

For the sections relating to railroads in the article entitled '' Corpora- 
tions." 

For the article entitled " Counties." 

For the article entitled " Warehouses." 

For a three-fifths vote to remove county seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads or 
private corporations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each proposi- 
tion thereon not canceled with ink or pencil, and against each proposi- 
tion so canceled, and returns thereof shall be made accordingly by the 
judges of election. 

§11. The returns of the whole vote cast, and of the votes for the 
adoption or rejection of this constitution, and for or against the articles 
and sections respectively submitted, shall be made by the several county 
clerks, as is now provided, by law, to the secretary of State, within 
twenty days after the election, and the returns of said votes shall, within 
five days thereafter, be examined and canvassed by the auditor, treasurer 
and secretary of State, or any two of them, in the presence of the gov- 
ernor, and proclamation shall be made by the governor forthwith of the 
result of the canvass. 

§ 12. If it shall appear that a majority of the votes polled are " for 
the new constitution," then so much of this constitution as was not sep- 
arately submitted to be voted on by articles and sections, shall be the su- 
preme law of the State of Illinois, on and after Monday, the eighth day 
of August, in the year of our Lord one thousand eight hundred and 



174 ILLINOIS AND THE NATION. 

seventy; but if it shall appear that a majority of the votes polled were 
4 ' against the new constitution," then so much thereof as was not sep- 
arately submitted to be voted on by articles and sections, shall be null 
and void. 

If it shall appear that a majority of the votes polled are M for the sec- 
tions relating to railroads in the article entitled 4 Corporations,' " sections 
nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to rail- 
roads in the said article, shall be part cf the constitution of this State; 
but if a majority of said votes are against such sections, they shall be 
null and void. If a majority of the votes polled are " for the article en- 
titled ' Counties;" such article shall be a part of the constitution of this 
State, and shall be substituted for article seven, in the present constitu- 
tion entitled "Counties;" but if a majority of said votes are against such 
article, the same shall be null and void. If a majority of the votes polled 
are " for the article entitled ' Warehouses,' " such article shall be a part of 
the constitution of this State ; but if a majority of the votes are against 
said article, the same shall be null and void. If a majority of the votes 
polled are for either of the sections separately submitted, relating respect- 
ively to the "Illinois Central Railroad," "minority representation, " "mun- 
icipal subscriptions to railroads or private corporations," and the " canal," 
then such of said sections as shall receive such majority, shall be a part of 
the constitution of this State ; but each of said sections so separately sub- 
mitted, against which respectively there shall be a majority of the votes 
polled, shall be null and void. Provided^ that the section relating to 
"minority representation" shall not be declared adopted unless the por- 
tion of the constitution not separately submitted to be voted on by articles 
and sections shall be adopted; and in case said section relating to " mi- 
nority representation" shall become a portion of the constitution, it shall 
be substituted for sections seven and eight of the legislative article. If a 
majority of the votes cast at such election shall be for a three-fifths vote 
to remove a county seat, then the words "a majority" shall be stricken 
out of section four of the article on Counties, and the words "three- 
fifths" shall be inserted in lieu thereof, and the following words shall be 
added to said section, to-wit: " But when an attempt is made to remove 
a county seat to a point nearer to the center of a county, then a majority 
vote only shall be necessary." If the foregoing proposition shall not 
receive a majority of the votes, as aforesaid, then the same shall have no 
effect whatever. 

§ 13. Immediately after the adoption of this constitution, the gover- 
nor and secretary of State shall proceed to ascertain and fix the apportion- 



APPENDIX. 175 

ment of the State for members of the first House of Representatives under 
this constitution. The apportionment shall be based upon the federal 
census of the year of our Lord one thousand eight hundred and seventy, 
of the State of Illinois, and shall be made strictly in accordance with the 
rules and principles announced in the article on the legislative depart- 
ment of this constitution. Provided, that in case the federal census afore- 
said cannot be ascertained prior to Friday, the twenty-third day of Sep- 
tember, in the year of our Lord one thousand eight hundred and seventy, 
then the said apportionment shall be based on the State census of the 
year of our Lord one thousand eight hundred and sixty-five, in accord- 
ance with the rules and principles aforesaid. The governor shall on or 
before Wednesday, the twenty-eighth day of September, in the year of 
our Lord one thousand eight hundred and seventy, make official an- 
nouncement of said apportionment, under the great Seal of the State; 
and one hundred copies thereof, duly certified, shall be forthwith trans- 
mitted by the secretary of State to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered by the secretary of 
State, commencing with Alexander county as number one, and proceed- 
ing then northwardly through the State, and terminating with the county 
of Cook, but no county shall be numbered as more than one district, ex- 
cept the county of Cook, which shall constitute three districts, each em- 
bracing the territory contained in the now existing representative dis- 
tricts of said county. And on the Tuesday after the first Monday in 
November, in the year of our Lord one thousand eight hundred and 
seventy, the members of the first House of Representatives under this con- 
stitution shall be elected according to the apportionment fixed and an- 
nounced as aforesaid, and shall hold their offices for two years, and un- 
til their successors shall be elected and qualified. 

§ 15. The Senate, at its first session under this constitution, shall 
consist of fifty members, to be chosen as follows: At the general elec- 
tion held on the first Tuesday after the first Monday of November, in 
the year of our Lord one thousand eight hundred and seventy, two sena- 
tors shall be elected in districts where the term of senators expires on the 
first Monday of January, in the year of our Lord one thousand eight 
hundred and seventy-one, or where there shall be a vacancy, and in the 
remaining districts one senator shall be elected. Senators so elected 
shall hold their office two years. 

§ 16. The General Assembly, at its first session held after the adoption 
of this constitution, shall proceed to apportion the State for members of 
the Senate and House of Representatives, in accordance with the pro- 
visions of the article on the Legislative department. 



176 ILLINOIS AND THE NATION. 

§ 17. When this constitution shall be ratified by the people, the 
governor shall forthwith, after having ascertained the fact, issue writs of 
election to the sheriffs of the several counties of this State, or in case of 
vacancies, to the coroners, for the election of all the officers, the time of 
whose election is fixed by this constitution or schedule, and it shall be the 
duty of such sheriffs or coroners to give such notice of the time and 
place of said election as is now prescribed by law. 

§ 18. All laws of the State of Illinois, and all official writings, and 
the executive, legislative and judicial proceedings shall be conducted, 
preserved and published in no other than the English language. 

§ 19. The General Assembly shall pass all laws necessary to carry 
into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties, having a popula- 
tion over sixty thousand, shall continue to be recorders (ex-officio) for 
their respective counties, under this constitution, until the expiration of 
their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, in 
lieu of any salary provided for in this constitution, receive the compensa- 
tion now provided by law until the adjournment of the first session of 
the General Assembly after the adoption of this constitution. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise provided 
by law. 

§ 23. When this constitution shall be adopted, and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided to be 
annually assessed and collected upon each dollar's worth of taxable prop- 
erty, in addition to all other taxes, as set forth in article fifteen of the 
now existing constitution, shall cease to be assessed after the year of our 
Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be so construed 
as to deprive the General Assembly of power to authorize the city of 
Quincy to create any indebtedness for railroad or municipal purposes for 
which the people of said city shall have voted, and to which they shall 
have given, by such vote, their assent, prior to the thirteenth day of 
December, in the year of our Lord one thousand eight hundred and sixty- 
nine. Provided^ that no such indebtedness, so created, shall, in any 
part thereof, be paid by the State, or from any State revenue tax or 
fund, but the same shall be paid, if at all, by the said city of Quincy 
alone, and by taxes to be levied upon the taxable property thereof. And 
provided, further, that the General Assembly shall have no power in 



APPENDIX. 177 

the premises that it could not exercise under the present constitution of 
this State. 

§ 25. In case this constitution and the articles and sections submit- 
ted separately, be adopted, the existing constitution shall cease in all its 
provisions; and in case this constitution be adopted, and any one or more 
of the articles or sections submitted separately be defeated, the provisions 
of the existing constitution, if any, on the same subject, shall remain in 
force. 

§ 26. The provisions of this constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in force 
immediately. 

Done in convention at the capitol, in the city of Springfield, on the 
thirteenth day of May, in the year of our Lord one thousand eight hun- 
dred and seventy, and of the independence of the United States of 
America the ninety-fourth. 

The following amendment was adopted in 1884: 

Hereafter, it shall be unlawful for the commissioners of any peniten- 
tiary, or other reformatory institution in the State of Illinois, to let by 
contract to any person, or persons, or corporations, the labor of any con- 
vict confined within said institution. 

12 



ih:d:e:x. 



STATE GOVERNMENT. 

PAGE. 

Adjutant-General 1 1 1 

Administrators, public 109 

Agriculture, State Board of 103 

Aldermen 77, 78 

Annual town meeting 67 

manner of voting 67 

miscellaneous business 68 

moderator 67 

Appellate courts 47 

decision 47 

districts 47 

jurisdiction 47 

Appointment, town board of 74 

Appointments, executive 40 

Apportionment of school funds 84, S7, 91 

Assessor 72 

Asylum for feeble-minded children 100 

Attorney-General 44 

Auditor of Public Accounts 43 

Auditors, town board of 74 

Base line in surveys 9 

Blind, Industrial Home for the 101 

institution for the 100 

Boards of Education 97 

Boards of State institutions 98 

Boundary of Illinois • 8 

Capitals of Illinois 7 

Charitable institutions 99 

Charters, special prohibited 3 1 

(178) 



INDEX. 179 

PAGE. 

Circuit clerk 4S 

courts 4S 

circuits 4S, 119 

jurisdiction 4S 

Cities and villages 77 

City attorney So 

clerk 79 

council 77, 7S 

courts So 

marshal Si 

Collector, county S5 

town 72 

Committee of the Whole 26 

Comptroller So 

Compulsory education 96 

Constitution of Illinois 8, 133 

Convict labor 101 

Coroner 66 

acts as sheriff when 66 

Corporation counsel So 

Corporations, kinds of 42 

Correction lines , . 11 

Counties, relation to State 51 

County board 56 

clerk 60 

commissioners, board of 59 

court 63 

government 56 

organization 54 

seats 31 

superintendent of schools S7 

Courts of Cook county 49 

Credit, State cannot loan 33 

Cruelty to animals, officers to prevent 107 

Deaf and dumb, institution for the 100 

Deeds, commissioners of • . . 109 

how recorded 61 

Departments of government 17 

Directors, school = 93 



180 INDEX. 

PAGE. 

Directors, duties 94, 95 

election 93 

organization 94 

Districts, appellate court 47, 119 

congressional 113 

road 73 

school 91 

senatorial 18, 114 

supreme court k 45, 118 

Double corners in surveys 12 

Drainage 36, 73 

Educational institutions 98 

Equalizat ion of taxes, county 59 

State board of 103 

town board of 74 

Executive department, cities 78 

county 59 

State 37 

town 70 

Eye and Ear Infirmary 100 

General Assembly 17 

adjournment 27 

contempt of 26 

expenses 32 

extra session 39 

how designated 18 

journals 27 

members (See members of General Assembly.) 

membership 22 

officers 23 

open doors 26 

quorum 22 

rules 22 

time and place of meeting 18 

Governor 39 

eligibility 38 

executive power 39 

message 39 

veto 29 



INDEX. 181 

PAGE. 

Grain inspectors , . . IC , 

Grand divisions, supreme court 45, 1 17 

Guide meridians ! 2 

Health, State board of 102 

public in towns 69 

town board of 74 

Highway commissioners 72 

Historical sketch of Illinois , 7 

Historical library ■ 106 

Homestead and exemption laws 37 

Hospitals for the insane 99 

House of Representatives: 

clerk ' 24 

committees 23 

doorkeeper 24 

enrolling clerk 25 

employes 25 

number of representatives 18 

organization 25 

postmaster 25 

speaker 23 

Illinois, survey of 14 

territory 7 

Impeachment, officers liable to 34 

power of 34 

punishment 34 

trial of , 34 

trial of Governor 34 

Indebtedness, release of, prohibited 32 

of State, limited 33 

Indiana Territory 7 

Inspectors of coal mines 107 

Judges, appellate. 47 

circuit 4& 

county 63 

probate 64 

supreme 45 

Judicial department, cities 80 

county 62 



182 INDEX. 

PAGE. 

Judical department, State 45 

town 75 

Jury, grand 49 

petit , 49 

Justices of the peace 75 

appointed for Chicago 75, 108 

jurisdiction 75 

preliminary examination 75 

Labor statistics, bureau of 105 

Land, descriptions abbreviated 16 

how described 13 

how divided 9 

Laws, revived or amended 29 

distribution of 42 

must be printed, when 28 

one subject 28 

originate, where 28 

signatures 28 

special prohibited 30 

style of 28 

take effect, when 29 

three readings 28 

veto 29 

voted upon, how 28 

Legislative department, cities 77 

county 56 

State 17 

town 67 

Lieutenant-Governor 41 

president of senate 41 

successor to Governor 41 

Lincoln Homestead Trustees 106 

Live stock commissioners 106 

Lotteries prohibited 36 

Master in Chancery 48 

Mayor 7S 

message 79 

Members of General Assembly 18 

disabilities 21 



INDEX. 183 

PAGE. 

Members, election iS 

eligibility 20 

expulsion 26 

oath 20 

pay 21 

privilege 21 

protest 27 

term 20 

vacancies 19 

Militia no 

Miners, protection of ■ 36 

Minority representation 19 

Miscellaneous 98 

Misdemeanor, denned - 75 

Natural history museum 106 

Northwest Territory 7 

Notaries public 109 

Officers: 

appointed by Governor 102, 104, 108 

county executive 59 

county judicial 62 

house of representatives 23 

senate 23 

State, election of 37 

Pay, extra, prohibited 33 

Penal and reformatory institutions 101 

Penitentiary, Illinois State 101 

Southern Illinios 101 

Pharmacy, board of 10S 

Plan of government 17 

Plumping 19 

Police magistrates 80 

Principal meridian 9 

Principal meridians, location of 13 

Printer expert 102 

Privileges, special prohibited 32 

Probate court 64 

Public charities, commissioners of 105 

Public land 7 



184 INDEX. 

PAGE. 

Public moneys and appropriations 32 

Railroad, Illinois Central in 

Railroad and warehouse commission 104 

Ranges in surveys 14 

Recorder of deeds 61 

circuit clerk recorder, when 48 

Reform School, State 102 

Reprieves and pardons 40 

Returning board, State 103 

School funds 83 

distribution of 84 

School sections 15 

School system 82 

origin 82 

relation to State 83 

Secretary of State 41 

Secretary of the senate 24 

Sections 10, 1 s 

Senate 17 

Sergeant-at-arms 24 

Sheriff 64 

deputies 65 

Soldiers' and Sailors' Home 100 

Soldiers' Orphans' Home 100 

State boards 102 

State contracts 35 

commissioners of 102 

State entomologist no 

State geologist no 

State government 17 

expenses of 32 

State horticultural society 107 

Statehouse, new 37 

State library, commissioners of 106 

State's attorney 65 

State superintendent 86 

Streets, superintendent of 80 

Superintendent of banking department 109 

Supervisor 70 



INDEX. 185 

PAGE. 

Supervisors, assistant 71 

board of 56 

Supreme court 45 

Surplus revenue 84 

Surveyor, county 62 

Term of office, not to be changed when 36 

Town boards 74 

clerk 71 

government 67 

meetings, special 69 

Towns, incorporated 54 

organized 52 

Township high school 92 

lines 9 

organization 53 

survey system •• 9 

Township, congressional 10 

how described 13 

school 52 

Treasurer, city 79 

county 61 

highway commissioners 72 

State • • 44 

township 92 

Trustees of schools 90 

University of Illinois 99 

Illinois State Normal 9S 

Southern Illinois Normal 9S 

Veterinarian, State 108 

Villages, trustees of 81 

other officers 81 

Voters, who are legal 69 

Wards in cities 7$ 

Weigh master, State 104 

Weights and measures 4 2 

NATIONAL GOVERNMENT. 

Accidental president. 129 

Appointments, executive 125 



186 INDEX. 

PAGE. 

Apportionment, congressional 123 

Articles of confederation 121 

Attorney-General 128 

Circuit courts, judges. 131 

jurisdiction 131 

Congress » 122 

meetings 122 

powers and duties 125 

Constitution 121 

adoption 122 

Courts 1 30 

circuit 131 

district 132 

supreme 130 

Custom house 127 

Declaration of Independence 121 

District courts, judges 132 

jurisdiction 132 

Executive department 126 

Heads of departments 127 

Historical sketch ... 121 

House of Representatives 122 

Impeachment « 1 24 

trial of 125 

Interior, department of 128 

Internal revenue, bureau of 127 

Judicial department 1 30 

Justice, department of 12S 

Legislative department 122 

Navy, department of 128 

Pay of congressmen 1 26 

Postmaster-General 128 

Post-Office department 128 

President 126 

eligibility 127 

how chosen 126 

salary 130 

Presidential succession 129 

President's cabinet 128 



INDEX. 187 

PAGE. 

President's veto 1 30 

Revenue, bills for raising 124 

Secretary of the Interior 128 

Navy. 128 

State. 127 

Treasury 127 

War 127 

Senate 124 

eligibility of members 124 

executive appointments. 125 

officers 126 

State, department of J27 

Supreme court, judges 131 

jurisdiction 130 

Treasuiy, department of 127 

Vice-President, president of senate 124 

salary 130 



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